Defendant shall be punished by a fine of KRW 2,000,000.

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

Punishment of the crime

On June 2, 2016, at Jinju City, the Defendant sent obscene images, which are changed from a mobile phone display in a tourist bus to a female b body and sound photo from a female victim D (n, 40 years of age) to hyd, using a mobile phone displayed by the Defendant in a tourist bus, so that the Defendant could reach the victim with a view to inducing or satisfying his sexual desire, using a communication medium, for the purpose of inducing or satisfying his sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to photographs by capturing the video;

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 13 of the same Act 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. There are special circumstances in which the disclosure of personal information may not be disclosed in light of the Defendant’s age exemption from the disclosure order or notification order under Article 334(1) of the Criminal Procedure Act, the type, motive, process, consequence and seriousness of the instant crime, 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, the effect of the protection of the victim, etc.

As a result, Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Article 49(1) proviso and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse shall not issue an order to disclose or notify the accused (the Constitutional Court shall be unconstitutional with respect to the part that a person who is finally and conclusively convicted of a crime under Article 13 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, among Article 42(1) of the same Act, becomes a person subject to registration of personal information.