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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 December 11, 2013, around 15:29, the Defendant used his/her lineal ascendant and descendant, namely, “self-help,” referring to a woman’s sexual organ using a mobile phone at the Defendant’s home of Jung-gu Seoul Metropolitan Government, and used the word “self-help.”
Above 100 up to Above 100
Along with the word “tension between tensions”, a victim’s cell phone (at the age of 44) sent the word to the victim’s cell phone.
As a result, the defendant reached the other party who causes a sense of sexual humiliation or aversion through mobile phones with a view to inducing or satisfaction of his or another person's sexual desire.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Application of the photographic Acts and subordinate statutes;
1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and Selection of fines;
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. The Constitutional Court, on March 31, 2016, issued an order to register or disclose personal information under Article 334(1) of the Criminal Procedure Act with respect to a provisional payment order, shall be a person subject to registration of personal information, who is finally convicted of a crime under Article 13 (obscenity by means of communications media) in Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.
Since “The part” was decided to be in violation of the Constitution (The Constitutional Court Decision 2015Hun-Ma688 Decided March 31, 2016), this part of this Act retroactively lost its effect.
Therefore, the defendant is not subject to the registration of personal information and the disclosure order or notification order based on the premise.