A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On August 25, 2015, around 19:30 on August 25, 2015, the Defendant sent one copy of a man’s sexual photograph, which he received via the Internet, at his own dwelling in Gwangjin-gu Seoul Special Metropolitan City, B and 314, using mobile phone Kakao Stockholm to the victim C (V, 12 years of age).

As a result, the Defendant reached the other party that may cause a sense of sexual humiliation or aversion through the communication media with a view to inducing or satisfying his own sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Investigation report (report on video recording for victims);

1. Stenographic records;

1. Application of the Kakao Stockholm photograph Acts and subordinate statutes prescribing the contents of the Kakao Stockholm conversation;

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with prison labor for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. With respect to the obligation to register and order to disclose personal information of this case under Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, an order to disclose personal information is not subject to the Constitutional Court’s decision of unconstitutionality (No. 2015Hun-Ma688, Mar. 31, 2016) and an order to disclose personal information on the premise thereof.