Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

No person shall allow another person to deliver words, sounds, letters, pictures, images, or other things that may cause a sense of sexual shame or aversion by telephone, mail, computer, or other means of communication, with intent to arouse or satisfy his/her own or another person's sexual desire.

Nevertheless, on October 31, 2019, the Defendant sent a Kakao Stockholm message to the victim B (C) using his/her mobile phone for the purpose of meeting his/her sexual desire within his/her own car on October 31, 2019.

The complainant reached a speech that causes a sense of sexual humiliation.

Summary of Evidence

1. Determination as to the defendant and his/her defense counsel's assertion in the police's statement No. 2 on the defendant's partial statement No. 2

1. The gist of the assertion is that the Defendant sent the victim’s message, but the Defendant sent the victim’s message to the effect that he would grow on his own, and there was no intention to cause a sense of sexual shame to the victim.

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.”) punishs “a person who has another person reach the other party any words, sounds, letters, pictures, images, or articles that may cause a sense of sexual shame or aversion, by telephone, mail, computer, or any other means of communication, with the intent to arouse or satisfy his/her or another person’s sexual desire.”

The crime of obscenity using the communications media under Article 13 of the Sexual Violence Punishment Act is to guarantee “the right not to contact the pictures, etc. that cause sexual humiliation against the right to sexual self-determination against the individual’s will” and to protect the right to sexual self-determination, the protection of general personal rights, and the establishment of sound sexual morals in society.

Whether “the purpose is to arouse or satisfy his or another person’s sexual desire” is the Defendant.