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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
Around 02:00 on February 15, 2020, the Defendant sent a cell phone to the victim D(the age of 47) one sexual photograph file, which is the front wife of the victim, and three photo files, to the victim’s cell phone, so as to arouse or satisfy his or another person’s sexual desire at the Defendant’s house located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, and No. 202:0, the Defendant sent three photo files to the victim’s cell phone, thereby causing sexual humiliation or aversion through a communications medium.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of the Acts and subordinate statutes to E-mail photographs, E-b body pictures, text messages, etc.;
1. Relevant legal provisions concerning facts constituting an offense and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020) concerning the selection of punishment for a sexual crime;
1. Articles 70 (1) and 69 (2) of the Criminal Act to attract a workhouse;
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;
1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose, notify, and employment restrictions; the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); the proviso to Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 1738, Jun. 2, 2020); Article 59-3(1) of the Act on Welfare of Persons with Disabilities; the motive, method, order, and order to disclose the personal information of the accused to the public or to protect the victims of sexual crimes;