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Defendant shall be punished by a fine of KRW 4,000,000.
If the defendant does not pay the above fine, 50,000 won shall be one day.
Reasons
Punishment of the crime
At around 13:04 on August 23, 2013, the Defendant sent a text message to the victim D (L, 52 years of age) who was known and sent temporarily 4 years prior to the Defendant’s cell phone device to satisfy his own sexual desire at the Defendant’s house located in Seocheon-si C Apartment 15 Dong 105, 2013, thereby causing the victim to feel sexual humiliation and aversion.
In addition, the Defendant sent text messages, from August 22, 2013 to August 22, 2013, with a view to meeting his/her own sexual desire between 22:43 to 16:59 on August 29, 2013, which may cause sexual humiliation and aversion to the victim at least 59 times in total, as indicated in the list of crimes in attached Form.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made to D by the police;
1. Application of text messages to Acts and subordinate statutes;
1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines for Crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. If a conviction of a sex offense subject to the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order 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 is obligated to submit personal information
When considering the Defendant’s age, occupation, risk of recidivism, motive, progress and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of sexual crimes subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., comprehensively.