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Defendant shall be punished by a fine of one million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
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.
그럼에도 불구하고 피고인은 2020. 4. 8. 22:25경 서울 구로구 B건물, C호에 있는 피고인의 주거지에서 휴대전화기를 이용하여 피해자 D(여, 44세)에게 “보고싶네요 E, 만지고싶고ㅋㅋ”라는 내용의 카카오톡 메시지를 전송하고, 2020. 7. 30. 22:20경 위 주거지에서 휴대전화기를 이용하여 피해자에게 “니몸 만지자”라는 내용의 카카오톡 메시지를 전송함으로써 자기의 성적 욕망을 만족시킬 목적으로 통신매체를 통하여 성적 수치심이나 혐오감을 일으키는 글을 피해자에게 도달하게 하였다.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Details of the Kakao Stockholm message sent to the victim by the suspect;
1. Application of the Acts and subordinate statutes to the complaint;
1. Article 13 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020), Article 13 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (referred to as obscenity using communications media of April 8, 2020), Article 13 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (referred to as obscenity using communications media of July 30, 2020), and selection of fines, respectively.
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 to attract 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. According to the proviso of Article 42(1) of the Criminal Procedure Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in which no personal information should be registered and submitted, a person is sentenced to a fine under Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.