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Defendant shall be punished by a fine of KRW 1,500,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
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 01:16 on August 15, 2018, the Defendant sent one-time obscene images containing a man’s sexual organ to the victim C (or 29 years of age) with his cell phone B Meet with a view to meeting his sexual desire at a non-place.
As a result, the Defendant sent to the victim images that may cause sexual humiliation or aversion through telecommunication media, such as telephone, with a view to inducing or satisfying his or another person's sexual desire.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement to C by the police;
1. The Defendant asserts that there was no purpose to arouse or satisfy his/her or another person’s sexual desire at the time of transmitting the instant video images. Whether there was “the purpose to arouse or satisfy his/her or another person’s sexual desire” should be reasonably determined in light of social norms by comprehensively taking into account various circumstances, such as the relationship between the Defendant and the victim, motive and background of the act, means and method of the act, details and manner of the act, nature and scope of the other party, etc. The “sexual desire” includes not only the desire to cause sexual intercourse or sexual intercourse, but also the desire to obtain his/her psychological satisfaction by causing a sense of sexual humiliation to the other party (see, e.g., Supreme Court Decision 2018Do975, Sept. 13, 2018). In other words, the Defendant and the victim, as well as the desire to cause a sense of sexual humiliation to the other party (see, e.g., Supreme Court Decision 2018Do975, Sept. 13, 2018).