The defendant's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (the amount of KRW 3 million, the amount of KRW 40,000,000, and the amount of sexual assault treatment programs for 40 hours) is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the fact that the Defendant recognized the instant crime; (b) the history of criminal punishment is not confirmed; and (c) the Defendant’s workplace club fees desire to have the Defendant’s wife against the Defendant.

However, the Defendant sent a text message that causes sexual humiliation solely on the ground that the victim working at the same workplace was a female, and continued to send such text message even after receiving a warning from the workplace employee, did not intend to agree with the victim or to recover damage, and considering all the sentencing conditions specified in the instant records and arguments, such as the Defendant’s age, sex, environment, family relationship, motive for committing the crime, and circumstances after committing the crime, the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is groundless.

3. In conclusion, the Defendant’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act on the grounds that it has no reason to file an appeal. It is so decided as per Disposition by the Constitutional Court (see, e.g., Supreme Court Decision 201Hun-Ma688, Mar. 31, 2016). However, with respect to Article 42(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 14412, Dec. 20, 2016) which applies to the above crime on March 31, 2016, “any person for whom judgment of conviction has become final and conclusive as a person subject to registration of personal information” was ruled as unconstitutional (see, e.g., Constitutional Court Decision 2015Hun-Ma688, Mar. 31, 2016); accordingly, Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.