Text
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
피고인은 2013. 4. 30. 02:04경 부산 북구 B에 있는 피고인의 집에서 피고인의 스마트폰(C)을 이용하여 채팅 앱 ‘즐톡’을 통하여 피해자 D(여, 20세) 명의의 휴대전화로 피고인의 성기 사진을 전송한 것을 비롯하여 그 때부터 2013. 5. 7. 02:59경까지 별지 범죄일람표 기재와 같이 30회에 걸쳐 자신의 성적 욕망을 만족시킬 목적으로 통신매체를 통하여 성적 수치심이나 혐오감을 일으키는 영상을 피해자 D, E(여, 15세), F(여, 17세), G(51세), H(여, 17세)에게 도달하게 하였다.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement of H;
1. Application of Acts and subordinate statutes to report internal investigation (the details of sending and receiving files related to the accused and attaching information on mobile phone subscribers);
1. Relevant legal provisions concerning criminal facts and Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply) for which the choice of punishment is made;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent 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 before order to complete program;
1. Where a judgment of conviction becomes final and conclusive on the facts constituting a sexual crime subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant is a person subject to registration of personal information under Article 4(1) of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by December 18, 2012) and Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to relevant agencies
The defendant's age, occupation, risk of recidivism, type, motive, process, results and seriousness of the crime of this case, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order, and it can be achieved accordingly.