Defendant shall be punished by a fine of four million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Punishment of the crime

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

Nevertheless, around 17:40 on February 5, 2016, the Defendant concealed the phone numbers from the Defendant’s home located in Gwanak-gu in Seoul Special Metropolitan City, and sent video phone from the Defendant’s cell phone to approximately 23 years old, and sent the Defendant’s sexual organ to the Defendant’s hand for about 9 seconds at around 17:42 on the same day, around 10 seconds, and around 17:42 on the same day, the Defendant sent the Defendant’s sexual organ by hand and sent the Defendant’s image for about 8 seconds at around 17:51 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of the Acts and subordinate statutes to photographs capturing the mobile phone screen;

1. Relevant provisions of the relevant Act on criminal facts and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Crimes (In general, consideration, such as the selection of fines and the absence of any same criminal record);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. On March 31, 2016, the Constitutional Court rendered a decision that “any person who is finally and conclusively convicted of committing a crime under Article 13 of the Act shall be 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 shall be deemed unconstitutional (2015Hun-Ma688), and this part of the Act shall become null and void.

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

It is so decided as per Disposition for the above reasons.