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

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On April 2, 2015, the Defendant: (a) taken his sexual organ into a mobile phone in the Defendant’s residence located at regular Eup/Myeon-to-Eup/Myeon-to-face; and (b) arbitrarily sent his sexual picture to a mobile phone of the victim C (at least 20 years of age) by using a text message.

As a result, the Defendant sent to the victim images that may cause sexual humiliation or aversion using communications media with a view to inducing or satisfying his/her sexual desire.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C (victim);

1. Application of Acts and subordinate statutes on text messages;

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. The Constitutional Court, on March 31, 2016, issued an order to register or disclose personal information under Article 334(1) of the Criminal Procedure Act with respect to a provisional payment order, shall be a person subject to registration of personal information, who is finally convicted of a crime under Article 13 (obscenity by means of communications media) in Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

Since “The part” was decided to be in violation of the Constitution (The Constitutional Court Decision 2015Hun-Ma688 Decided March 31, 2016), this part of this Act retroactively lost its effect.

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