A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant and the victim B (n, 17 years old) came to know of the “D Hospital” located in Ulsan-gu, Ulsan-gu as the same patient with the same illness around August 9, 2019.

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.

1. Around August 16, 2019, the Defendant sent a warning that may cause sexual humiliation and aversion to the victim, such as her cell phone calls to the victim with a view to meeting his/her own sexual desire, and she called “I complete the shower box. I am off if you arrive at the house.”

2. On August 17, 2019, at around 09:19, the Defendant sent words and images that may cause sexual humiliation and aversion to the victim, such as referring to the victim’s cell phone lying his/her visual phone with a view to meeting his/her sexual desire, “prisoning off his/her inner phone,” and “prisoning off his/her inner phone” with the victim’s cell phone, with the intent of meeting his/her sexual desire.

3. 피고인은 2019. 8. 17. 19:33경 불상지에서 자신의 성적 욕망을 만족시킬 목적으로 자신의 휴대폰으로 피해자의 휴대전화에 영상전화를 걸어 상의를 벗은 채 피해자에게 “너 예쁜거 알지 내가 23살만 됐었어도 바로 꼬셨다. 그러니 얼굴하고 몸 좀 보여줘”라고 말하는 등 피해자에게 성적 수치심과 혐오감을 일으키는 말과 영상을 도달하게 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Images to cut the video call;

1. Application of the Acts and subordinate statutes on the sending details and dispatch details to the defendant;

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor under the relevant Act on Criminal Crimes;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;