The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,500,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor of mistake of facts and misunderstanding of legal principles, the Defendant’s sending of text messages to the victim constitutes “the act of having the other party reach the other party a sense of sexual humiliation or aversion with the intention to arouse or satisfy his/her own or the other person’s sexual desire.”

Nevertheless, the court below rendered not guilty of this part of the facts charged, and it erred by misapprehending the legal principles and thereby adversely affecting the conclusion of the judgment.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (fine 3,000,000) is too uneasible and unfair.

2. Judgment on misconception of facts and misapprehension of legal principles

A. Whether “the purpose is to arouse or satisfy his/her or another person’s sexual desire” under Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in the relevant legal doctrine ought to be reasonably determined in light of social norms by comprehensively taking into account all the 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

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, e.g., Supreme Court Decision 2016Do21389, Jun. 8, 2017).

A concrete judgment is examined, ..