The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Although the defendant sent text messages as stated in the facts charged of this case to the victim, there was no intention to cause sexual humiliation or aversion to the victim.

Nevertheless, the lower court erred by misapprehending the facts charged, thereby adversely affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 1.5 million and the order to complete a sexual assault treatment program 40 hours) is too unreasonable.

2. Determination

A. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc.”) of Sexual Crimes shall be reasonably determined in light of social norms by comprehensively taking into account various circumstances, including 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 extent of the other party’s act, etc.

In addition, “the act of causing a sexual humiliation or aversion” means the act of causing the victim to feel a sense of shame or insult as a human being, or causing the victim to feel a sense of shame or insult as a human being, beyond the mere slickness or displeasure, which goes against the social average person’s sexual attitude.

It is reasonable to determine on the basis of the general and average people whether such a sense of sexual humiliation or aversion has been caused. In particular, in the case of a sense of sexual humiliation, it should be determined on the basis of the general and average people of the same gender and age group as the victim.

(See Supreme Court Decision 2016Do21389 Decided June 8, 2017). Comprehensively taking account of the following facts and circumstances acknowledged by evidence duly adopted and investigated by the lower court, the letter sent by the Defendant not only is the victim, but also the ordinary and average person of the same gender and age group as the victim.