Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

on September 28, 2016, the Defendant reported D (Woo, 17 years old) coming from her own course around the bus stops near the 306-dong, Sungnam-gu, Sungnam-gu, Sungnam-gu, Seoul, about 22:47 around September 28, 2016, to d (Woo, 17 years old).

In other words, the act of self-defense and self-defense was publicly obscene.

『2016 고단 3914』 피고인은 2016. 9. 28. 13:50 경 피고인 소유의 휴대폰을 이용하여 피해자 E( 여, 15세) 이 개설한 ‘F 물품 무료 나눔 해 주실 분 천 샤월 분 와 주세요!!' 라는 G 오픈 채팅 방에 대화명 ’H ‘으로 입장하여, 남성의 성기가 보이는 사진 2 장을 피해 자의 휴대폰 G 메신저로 전송하였다.

Accordingly, the defendant reached the victim with a photograph that causes sexual humiliation or aversion through a mobile phone with a view to meeting his own sexual desire.

Summary of Evidence

"2016 Highest 3187"

1. Statement by the defendant in court;

1. Written statements of D: "2016 Jyle 3914";

1. Statement by the defendant in court;

1. E’s written petition;

1. Application of statutes governing stenographic records made by victims;

1. Relevant legal provisions concerning criminal facts, Article 245 of the Criminal Act (the point of obscenity in the public performance), Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point of obscenity in the use of communications media), and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The fact that each of the instant crimes was committed on the same day, etc., and the nature of the crime is not very good in light of the act, etc.; circumstances favorable to the fact that the Defendant does not receive a letter from the victim of a public performance or obscene crime: (a) appears to be against the truth, such as receiving medical treatment at his/her mental health department; (b) the Defendant is the primary offender; and (c) the Defendant is a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media