A defendant shall be punished by imprisonment for four months.

Sexual assault, 80 hours against the defendant.

2. The Defendant sent text messages over about 20 times for a considerable period of time, the Defendant: (a) sent text messages to the victim’s husband, her father, her child, and her husband; and (b) sent text messages to the victim’s sexual insult on several occasions; and (c) the Defendant appears to have seriously increased fears and fears by the victim.

However, it appears that the defendant led to the confession of the crime of this case and reflects his mistake in depth, that there was mental problem, such as depression, etc. (26 pages of the trial record), and that one million won was deposited for the victim in the trial, and that the defendant was the first offender who has no criminal power, is favorable to the defendant.

In addition, in full view of the defendant's age, character and conduct, environment, family relationship, motive and background of the crime, and circumstances before and after the crime, the sentence of the court below is considered to be too unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[C] The summary of the facts of the crime of this case and the defendant's summary of the evidence of the crime of this case are the same as that of each corresponding column of the judgment of the court below, and they are cited as it is in accordance with Article 369

Application of Statutes

1. The punishment of imprisonment with prison labor is imposed on a criminal fact by repeated transmission of the language and text causing uneasiness under Article 13 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Sexual Crimes, Articles 74 (1) 3 and 44-7 (1) 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.;