Text
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On January 1, 2020, at around 18:18, the Defendant sent text messages to the victim C (the age of 41) using his mobile phone devices using his own mobile phone devices, “I want to report 1 and nives of women’s negative photo.”
Accordingly, the Defendant sent words and photographs that may cause sexual humiliation or aversion to the victim with a view to inducing or satisfying his own sexual desire.
Summary of Evidence
1. Defendant's legal statement;
1. The application of Acts and subordinate statutes to report the investigation into the police statement of C (the application of statutes to attach photographs to cellular phones taken by the victim);
1. Relevant Article 13 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020) and the selection of fines concerning criminal facts;
1. Articles 70 (1) and 69 (2) of the Criminal Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Punishment, etc. of Sexual Crimes Committed to Prison Detainment;
1. The sentencing of Article 334(1) of the Criminal Procedure Act under Article 334(1) of the Provisional Payment Order shall be determined as the same as the disposition, comprehensively taking into account the following factors: (a) unfavorable circumstances, such as the fact that the victim was highly likely to have suffered damage, and that the defendant was led to his/her confession; (b) favorable circumstances, such as the primary offender; and (c) other favorable conditions, such as the defendant’s age, character and conduct, environment;
According to the proviso to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in which no personal information is registered and submitted, where a fine is imposed for a crime under Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the defendant is excluded from a person subject to registration of personal information, and the defendant is not
The defendant's age, type of crime, criminal process, criminal records, disclosure and notification order, and exemption from disclosure and notification order.