Text
Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
피고인은 2014. 7. 18. 09:21경부터 09:45경까지 김포시 대곶면 율생리에 있는 길에서 피해자 C(여, 51세)의 휴대전화에 '섹스궁합도보나요’, '보지는먹을수가있는지요', '섹스운세는어떡해보는지요 비용은얼마든지드릴테니까요', '점쟁이집아닌가요 다름이아니라요 섹스 궁합이나 운세를알고싶픈데요 비용은얼마나하나요’라는 내용의 문자를 전송함으로써 피해자에게 성적 수치심과 혐오감을 일으키는 글을 도달하게 하였다.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement regarding C;
1. Application of the provisions of Acts and subordinate statutes to data after a criminal investigation report (receiving a photograph of the recipient) and closure of text contents;
1. Relevant Articles on criminal facts and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Crimes;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;
1. Where a conviction of a defendant against a sexual crime subject to registration of personal information under Article 334(1) of the Criminal Procedure Act is finalized, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act
In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the special circumstances that need not disclose and notify personal information pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.