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.

Punishment of the crime

[criminal power] On March 6, 2018, the Defendant was sentenced to imprisonment for one year for a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using a communication medium) in 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. On November 16, 2018, the Defendant committed the crime against the victim B around 16:40 on November 7, 2018, at the Defendant’s residence located in the Jung-gu Seoul Special Metropolitan City, Jung-gu, Seoul Special Metropolitan City, the Defendant: (a) discovered a mobile phone number upon request of the victim B (a family name) via the Internet Pest Messenger; and (b) transmitted a video image image showing the Defendant’s sexual organ to the victim around 38 seconds; and (c) transmitted the video image showing the Defendant’s sexual organ.

2. The Defendant, at around 18:16 of the same day, sent video images showing the victim D’s sexual organ to display the victim’s sexual organ to the victim and self-defacing him/her in a video call by posting the phone to the victim D by the foregoing method.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and D;

1. A photograph of each damage;

1. Previous convictions indicated in judgment: Criminal history records, reply reports (A), investigation reports (formers and confirmations), and application of Acts and subordinate statutes to investigation reports (verification of the current status of confinement);

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

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment restriction order;