1. The defendant shall be punished by a fine of two million won;

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

Punishment of the crime

1. On October 26, 2016, the Defendant was sentenced to a suspended sentence of two years for a year of imprisonment with prison labor at the Busan District Court for fraud, and the judgment became final and conclusive on December 2, 2017.

2. On June 24, 2017, around 17:23, the Defendant sent a photographic file of the victim D (n, 62 years of age) (n, f0) who was living together in Busan Seo-gu, Busan Seo-gu, 114:904, to E, who is the birth parents of the female, using a cell phone text message.

Accordingly, the defendant provided another person with photographs taken by the victim's body, which may cause sexual humiliation or shame, against his will.

Summary of Evidence

1. Crimes indicated in judgment;

A. Partial statement of the defendant

(b) Police statements made to E;

(c) Recording records of D's statements;

2. The records of the offense;

(a) a response to inquiries;

B. Application of the prosecution investigation report (report on past conviction of disposition) statute

1. Article 14 (2) and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, concerning the relevant criminal facts and the selection of punishment (excluding punishment);

2. The latter part of Article 37 of the Criminal Act for the treatment of concurrent crimes, provided that Article 39 (1) (the inter-crimes of crime records as indicated in the judgment and of this case);

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

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

5. Fully taking account of the following circumstances: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Disclosure of Registered Information and the Punishment, etc. of Sexual Crimes Exempted from the Employment Restriction Order; (b) Articles 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; (c) Articles 50(1) proviso and 56(1) proviso of the Act on the Protection of Juveniles against Sexual Abuse (the Defendant appears to have committed the instant crime by asserting the Defendant’s person living together with the victim living together; and (d) the other party who transmitted the photograph file appears to have no risk of spreading the video data to other persons; (c) there is no record of punishment for sexual crimes; and (d) the Defendant’s age, sexual behavior, environment, etc.