The defendant had a church such as the victim B (n, 20 years of age).

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.

그럼에도 불구하고 피고인은 2018. 1. 29. C 메신저를 통해 피해자에게 “B아 오빠한테 너 배꼽사진좀 보내주라ㅎ 엉덩이 사진도ㅎ ”라는 메시지를 보내고, 2018. 5. 1.에는 “B아 섹스할래 ♡ 오빠는 널 사랑해사리♡♡♡♡”라는 메시지를 보내 자신의 성적 욕망을 만족시킬 목적으로 통신매체를 통하여 피해자에게 성적 수치심과 혐오감을 일으키는 글을 도달하게 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of related Acts and subordinate statutes;

1. Article 13 of the Act on the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Selection of an alternative fine for punishment;

1. A fine of two million won to be suspended;

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

1. The sentence is suspended as ordered by taking full account of the following factors: (a) the reason for sentencing under Article 59(1) of the Criminal Act appears to have a intellectual disorder for the defendant; (b) the depth reflects that the defendant’s parents appear to have improved; and (c) the primary offender shows his intention to improve; and (d) the defendant’s age, character and conduct, environment, motive and background of the crime; and (e) circumstances after the crime.

According to the proviso of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in which no personal information is required to be registered and submitted, if a fine is sentenced to a crime under Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, it is excluded