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

If the above fine is not paid, one hundred thousand won shall be converted into one day.

Punishment of the crime

No person shall have the other party 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 the other person's sexual desire.

그런데도 불구하고, 피고인은 2019. 11. 16. 14:00경 불상의 장소에서 자신의 성적 욕망을 만족시킬 목적으로 자신의 인스타그램 계정으로 접속하여 일명 ‘다이렉트 메시지’(속칭 ‘DM’)로 피해자를 향해 “니 팬티 몰래 방에 가져가서 핥고 그랬어”, “팬티 쪽쪽 핥은 것 때문에 정확히는 못밝혀”, “야릇하고 기분이 좋았어” “팬티만 입고 잤던걸로 기억하는데 너 의식해서 그런거지 ”등의 메시지를 보내어 피해자에게 성적 수치심과 혐오감을 일으키는 말을 도달하게 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes concerning dataone set;

1. Relevant Article 13 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020) and the selection of fines concerning criminal facts;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that according to the background, content, and method, etc. of the instant crime is not good.

As a result, the victim seems to feel a considerable fear.

However, the defendant recognizes his mistake.

In agreement with the victim, the victim does not want the punishment of the defendant.

The defendant is a first offender and voluntarily completing education for prevention of sexual harassment, and is trying to prevent recidivism.

The age, character and conduct, environment and motive, means and result of the crime of the defendant;