A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

around 21:45 on December 6, 2015, the Defendant posted a phone to the victim C (the age 20) at the playground in the Dongjak-gu Seoul apartment complex, Dongjak-gu, Seoul. The Defendant sent four images from around 21:47 to from around 21:52 on the same day to the victim’s telephone function as a video call, thereby holding the Defendant’s sexual organ in his/her hand.

As a result, the Defendant reached the victim with the intent to arouse or satisfy the Defendant’s sexual desire by using communication media, such as telephone, which causes sexual humiliation or aversion.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim;

1. A complaint;

1. An investigation report (in relation to attachment of resignations and letters, and analysis of telephone conversations details);

1. Application of Acts and subordinate statutes to photographs of self-defense;

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor, in relation to the crime;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. On March 31, 2016, the Constitutional Court issued an order to register and disclose or notify personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes to a person subject to registration of personal information, who is finally convicted of committing a crime under Article 13 (obscenity by means of communications media) in Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, shall be a person subject to registration of personal information.

Since “The part” was decided to be in violation of the Constitution (The Constitutional Court Decision 2015Hun-Ma688 Decided March 31, 2016), this part of this Act retroactively lost its effect.

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