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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Punishment of the crime

No person shall allow another person to have his/her words, sounds, letters, etc. delivered to another person, which may cause sexual humiliation or aversion, by telephone, mail, computer or any other means of communication, with intent to arouse or satisfy his/her or another person's sexual desire.

피고인은 2018. 11. 19. 14:48경에 서울 금천구 B건물, C호에서 자기의 성적욕망을 만족시킬 목적으로 피해자 D(여, 53세, 가명)에게 휴대전화로 전화하여 “아우! 아! 꼴려 환장하겠다. 씨! 자기꺼에다 푹 싸고싶어!”라는 음성메시지를 남기고, 같은 해 11. 22. 19:42경에 피해자에게 휴대전화로 전화하여 “아! 물 나온다. 아!”라면서 손으로 성기를 자위하는 소리를 음성메시지로 남겼다.

Accordingly, the Defendant reached the other party with a speech and sound that may cause sexual humiliation or aversion by telephone with a view to meeting his own sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to D;

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

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The proviso to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes which shall not be registered and submitted with personal information (limited to a fine imposed on a defendant);

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders, notification orders, and employment restriction orders, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1), the proviso to Article 56(1), and Article 2 of the Addenda to the Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018).