A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 5, 2020, at around 13:22, the Defendant sent a video file with the victim D (the age of 48) using a cell phone Kakaokaooooooth, with a view to inducing or satisfying his or another person's sexual desire within the residential area located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, to arouse or satisfy his or her own sexual desire.

Accordingly, the defendant, using communication media, sent to the victim images that may cause a sense of sexual humiliation or aversion with a view to inducing or satisfying his or another person's sexual desire.

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 the complaint;

1. Article 13 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020), the selection of imprisonment with prison labor

1. Article 62 (1) of the Criminal Act;

1. When a conviction on the crime of a sex crime subject to registration becomes final and conclusive under Article 21(2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, disclosure order or notification order of the instant crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order, the prevention of sex crimes subject to registration that may be achieved therefrom, and the protection effect of the victim, etc., it is determined that there are special circumstances that the disclosure of personal information should not be disclosed or notified. Thus, the punishment, etc. of sexual crimes is relevant.