A defendant shall be punished by imprisonment with prison labor for four months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Punishment of the crime

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.

Nevertheless, at around July 28, 2019, the Defendant sent a text message to the victim B (Nam, 48 years of age) with a cell phone for the purpose of meeting his/her own sexual desire at a sub-section of the Gu-Si, Jeju-si, and the victim’s spouse’s photograph.

Accordingly, the Defendant sent to the victim the images that may cause sexual humiliation or aversion through the communication media with a view to meeting his own sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to internal investigation reports (related to the attachment of text messages and video images transmitted to the Appellant's mobile phone), and to the capture of text messages;

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 choice of imprisonment with prison labor

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. In full view of the following circumstances: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc. of Sexual Crimes; (b) Articles 49(1) proviso of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16662, Nov. 26, 2019); and (c) Articles 50(1) proviso of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1662, Nov. 26, 2019); and (d) the Defendant’s age, occupation, family environment, social relationship, criminal record, and