Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Punishment of the crime

On March 4, 2016, at around 11:26, the Defendant sent to the other party a message, “I am not able to see the victim D (here, 22 years of age)” in front of Pyeongtaek-si B, and a man’s sexual photographic photo sent to the victim’s cell phone using E, so that the Defendant sent the message and image that may cause sexual humiliation or aversion for the purpose of meeting his/her sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of E message statutes;

1. Relevant legal provisions concerning criminal facts, Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes, and the choice of a fine (where no criminal record has been committed for the same offense, and

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. On March 31, 2016, the Constitutional Court rendered a decision that “any person who is finally and conclusively convicted of committing a crime under Article 13 of the Act shall be 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 shall be deemed unconstitutional (2015Hun-Ma688), and this part of the Act shall become null and void.

Therefore, the defendant is not subject to the registration of personal information and the disclosure order or notification order based on the premise.

It is so decided as per Disposition for the above reasons.