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1. The defendant shall be punished by imprisonment for one year;
2. The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.
3.
Reasons
Punishment of the crime
On June 21, 2013, the Defendant became aware of the victim C (nive, 14 years old) while conducting one-time printing using apps with smartphone hosting display.
1. On June 21, 2013, the Defendant violated the Act on the Punishment, etc. of Sexual Crimes (obscenity using communications media) sent a photograph of the Defendant’s sexual organ to the Defendant’s smartphone using the Defendant’s smartphone camera app in the Defendant’s residence or the Defendant’s office located in Daegu Seo-gu, Daegu-gu, to the Defendant’s smartphone. From around that time to August 19, 2013, the Defendant sent nine copies of the Defendant’s photograph taken of the Defendant’s sexual organ while holding the Defendant’s sexual organ using the Defendant’s smartphone camera app with almost every day during the period from that time to August 19, 2013, and sent nine copies of the Defendant’s pictures taken of the Defendant’s sexual organ to the Defendant’s sexual organ by means of the Defendant’s smartphone camera app.
As a result, the Defendant sent pictures, letters, etc. causing sexual humiliations to the victim through communication media with a view to fulfilling his/her sexual desire.
2. Around June 21, 2013 and around June 22, 2013, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (obscenity possession) kept four copies of photographs, such as inserting the body of each victim, including the victim, from a juvenile victim, at the Defendant’s residence, at the same place as indicated in the foregoing paragraph (1), and on July 22, 2013, four copies of photographs taken from the victim, such as inserting his/her fingers into the victim’s own fingers, by transmitting them to the Defendant’s smartphones, and storing them by no later than September 11, 2013.
Accordingly, the defendant possessed 12 copies of a photograph transmitted by the victim, knowing that he/she is a child or juvenile pornography.
3. The Defendant had the intent to directly meet the victim’s sexual intercourse with the victim, and from July 16, 2013, the Defendant “to see and have a lux with smartphones through the victim’s smartphone app.”