Defendant

The motive (prosecution) and Kim Man-tae (Trial)

Attorney Park Jin-soo (Korean)

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

An employment restriction shall be ordered to a child or juvenile-related institution, etc. for five years.

【Criminal Power】

On March 6, 2018, the Defendant was sentenced to one year for a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using a communication medium) at the Sungwon District Court's Seongbuk branch on March 6, 2018, and completed the execution of the sentence in a female prison on October 29, 2018.

【Criminal Facts】

No person shall have the other party deliver words, sounds, letters, pictures, images, or other things that may cause a sense of sexual humiliation or aversion by telephone, mail, computer, or other means of communication, with intent to arouse or satisfy his/her own or the other person's sexual desire.

1. Crimes against the victim non-indicted 1

On November 7, 2018, at around 16:40, the Defendant: (a) discovered a mobile phone number with the Internet ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○,

2. Crimes against the victim non-indicted 2

At around 18:16 of the same day, the Defendant sent the video image of which the Defendant sent the victim Nonindicted 2 (a family name) a video call by posting the phone by the above method, and which was about 45 seconds of the Defendant’s sexual organ to reveal the victim’s sexual organ and self-defluence.

1. Defendant's legal statement;

1. Each police statement made against Nonindicted 1 and Nonindicted 2

1. A photograph of each damage;

1. Previous convictions indicated in judgment: Criminal history records, probationary records, investigation reports (formers and confirmations), and investigation reports (verification of the status of confinement);

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 13 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Selection of Imprisonment

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

1. Order to complete programs;

The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. An employment restriction order;

The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

Where a conviction becomes final and conclusive on each crime subject to registration of a sex crime, the defendant is a person subject to registration of personal information prescribed in Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

Considering the Defendant’s age, occupation, risk of repeating a crime, type of a crime, motive, process, seriousness of a 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 effectiveness of preventing sexual crimes subject to registration that may be achieved therefrom, and the effect of protecting the victim, etc., comprehensively, the Defendant is determined not to disclose or notify personal information prescribed in Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and thus, the disclosure order and notification order shall not be issued

This case is an unfavorable circumstance to the defendant that the defendant sent a video image that causes sexual humiliation or aversion to the victims; the defendant contains nine times the criminal records of punishment for the same crime; the defendant committed the crime of this case within a short time after being released from a repeated crime for the same kind of crime; the defendant knew that his mental illness, such as exposure certificate, is the cause of the crime; but the defendant did not make efforts or take active treatment measures to prevent recidivism. However, the fact that the defendant agreed with the victims; that the defendant repents the mistakes; that the crime was committed for a day; that the victim sent the video; that is, the number of times the victims sent the video is favorable to the defendant each time. In full view of all other circumstances such as the defendant's age, character and conduct, environment, circumstances of the crime, and circumstances after the crime, etc., the sentence as per the order shall be determined as a whole.

Judges for sailing ships;