Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The defendant became aware of the victim C (n, 53 years of age) and the restaurant in his/her business.

On October 16, 2013, at a park where the name in Songpa-gu Seoul Metropolitan Government Pungdong cannot be known, the Defendant sent the name to the victim via D Messenssen from the victim’s cell phone, where the Defendant had sexual intercourse with the victim, and the Defendant sent two photographs of the victim’s body to another person.

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 of part of the defendant's statement in the first trial record (the purport that the photograph has been transmitted);

1. The legal statement of the witness C;

1. Indicating some of the protocol (two times) concerning the interrogation of the suspect against the defendant;

1. Statement made by the police with regard to C (third time);

1. Photographss, DNA closure photographs and photographs stored in E-pip;

1. A protocol of seizure and a list of seizure [guilty: The defendant alleged that sending the pictures of this case according to the victim's will which had been in an internal relationship at the time does not lead to or satisfy the sexual desire; however, the defendant had an internal relationship with the victim at the time;

Even at the time of the transmission of the instant pictures, in light of the contents of DNA conversations exchanged with the pictures, etc., the victim requested or consented to transmit the said pictures.

In addition, according to the above evidence, it is sufficient to recognize that the defendant reached a picture that causes sexual humiliation and aversion with the intent to arouse or satisfy the sexual desire.

Application of 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 Selection of a fine (in cases of a defendant, considering that the defendant has no record of the same crime,

1. The former Criminal Act to attract a workhouse;