Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

판 단 이 사건 범행은 피고인이 인터넷 네이버 카페 회원인 피해자 D(여, 26세)에게 “너는 급 만남 섹스나해 ㅉㅉ 애두 있는 년이 그게 모니 더럽게”라는 내용의 글을 작성하여 쪽지로 전송하는 등 8회에 걸쳐 성적 수치심이나 혐오감을 일으킬 수 있는 글을 피해자에게 도달하게 한 것으로, 범행 횟수가 적지 않고 이로 인하여 피해자가 상당한 수치심과 정신적인 고통을 느낀 것으로 보이는 점 등 피고인에게 불리한 정상도 있다.

However, considering the fact that the Defendant is the primary offender, the fact that the Defendant recognized the mistake and reflects, the delayed payment of benefits, etc., the sentencing precedents in similar cases and all other circumstances that form the conditions for the sentencing specified in the instant case, such as the Defendant’s age, character and conduct, motive, means and consequence of the commission of the crime, etc., the lower court’s sentencing is somewhat unreasonable.

Thus, the defendant's appeal is justified. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

[Grounds for the judgment] The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and thus, the gist of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is acceptable in accordance with Article 3

Application of Statutes

1. Article 12 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply) and the selection of fines for the crime, Article 12 of the former Act on Special Cases Concerning the Punishment

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

1. Detention at a workhouse;