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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
On March 6, 2014, around 18:19, around 18:20 on the same day, around 19:0 on March 8, 2014; around 19:12 on March 8, 2014; and around 19:12 on March 8, 2014 on the same day, the Defendant issued a video call with a cell phone to the victim C (V, 21 years of age) using a cell phone; and, on the other hand, expressed the Defendant’s self-defacing act, the Defendant made an obscene speech that could cause the victim to feel sexual health.
Accordingly, the Defendant reached the victim with a view to meeting his sexual desire, which may cause sexual humiliation or aversion through the communication media.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Details of the victim mobile phone recording;
1. Application of the Acts and subordinate statutes to photograph the victim's Handphone screen;
1. Relevant Articles of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc.;
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 (1) 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 against Order to attend lectures;
1. Although the sentencing reasons of Article 334(1) of the Criminal Procedure Act, based on the method and frequency of the instant crime and the content of obscene act, etc., the Defendant did not seem to be less and less than a crime, the Defendant is a sex offender subject to registration to submit personal information, considering the following circumstances: (a) the Defendant sent obscene expressions or did not proceed to an obscene and additional crime by making obscene words; (b) the victim does not want the Defendant’s punishment upon agreement with the victim; (c) the Defendant was an initial offender who has no criminal power, and was late and has divided his mistake; and (d) the Defendant’s age, character and behavior, environment, and family relationship, etc., which are all the conditions for the sentencing.