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A defendant shall be punished by imprisonment with prison labor for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On September 15, 2015, at around 17:26, the Defendant sent his cell phone image to the cell phone of the victim D (hereinafter referred to as 13 years of age) who became aware of the contact information on the Internet by using the mobile phone Kakakao Akao Stockholm at his own house located in Gwangju Mine-gu, Gwangju, 711 Dong 706, and had the victim receive the pictures or images causing a sense of sexual humiliation by telephone for the purpose of meeting his own sexual desire on a total of six occasions, as shown in the list of crimes in attached Table, from September 20, 2015.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Records of seizure and the list of seizure;
1. Application of Acts and subordinate statutes governing evidence photographs;
1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;
1. Imprisonment with prison labor chosen;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;
1. Where a conviction on a sex offense subject to registration of personal information under Article 48(1)1 of the Confiscation Criminal Act becomes final and conclusive, the defendant is 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, and the defendant is obligated to submit personal information to the head of a competent police agency pursuant to Article
In light of the Defendant’s age, record of the crime, details and motive of the crime, method and consequence of the crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, and the effect on the protection of the victim, etc., it is determined that there are special circumstances where personal information may not be disclosed or notified. As such, Articles 47(1) and 49 of the Act on Special Cases Concerning the Punishment, etc