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

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

No person shall have the other party reach the other party any writing, etc. that may cause a sense of sexual humiliation or aversion through telephone or other communications media with intent to arouse or satisfy his/her own sexual desire.

1. On August 2014, the Defendant sent a photograph of his sexual organ to the victim D (the age of 51) by means of mobile phones from the Defendant’s house located in Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, to the victim (the age of 51), along with text messages, so that the Defendant reached the victim, who may cause sexual humiliation or aversion.

2. 피고인은 2014. 11. 30. 23:23경 위 1.항과 같은 장소에서 피고인이 사용하는 휴대전화를 이용하여 피해자에게 “동생아~생각좀해봐~~아직도모자라~이리저리리당하면서~헛똑~똑이야~~보지새까만것~어쩔 수 없지~잘자~~~”라는 내용의 문자메시지를 전송하는 등 2014. 11. 30.경부터 같은 해 12. 12. 20:34경까지 별지 범죄일람표 기재와 같이 총 14회에 걸쳐 성적수치심이나 혐오감을 일으키는 글을 피해자에게 도달하게 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement in the police statement concerning D;

1. Application of each video statute in Chapter 11 of the obscene text messages sent to the suspect by the victim;

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines for Crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Normal circumstances favorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The defendant has no record of being punished for the same crime, and the defendant has led to confession of the crime of this case and has divided his/her mistake: The frequency of the crime reaches a total of times, and the victim is the victim.