A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, 100,000 won shall be one day.

Criminal facts

From around 2013, the Defendant resided together with the victim D (one year old, 14 years old) and E, a mother of the victim, in the container stuff in Kimhae-si, Kimhae-si.

On May 10, 2015, the Defendant sent F message using a mobile phone owned by the Defendant to the cell phone used by the victim with a f message, such as a female’s photo, sexual image of both men and women, etc., so as to arouse or satisfy the sexual desire, the Defendant sent the victim a picture, etc. that may cause sexual humiliation or aversion using a communication medium for the purpose of inducing or satisfying the sexual desire.

Summary of Evidence

1. The legal statement of the witness D;

1. Each police statement made in relation to D;

1. Seizure records;

1. F message and photograph;

1. Investigation report ( Results of digital evidence analysis);

1. An investigation report (as to the attachment of photographs and videos stored in a suspect's cell phone by cutting off the suspect's cell phone);

1. Investigation report (the result of requesting the analysis of digital evidence on suspect mobile phones);

1. Application of the Acts and subordinate statutes to the investigation report (the result of the suspect mobile phone evidence analysis);

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;