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

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

Punishment of the crime

On January 2017, the Defendant sent obscene text messages to the victim E (W, 31 years of age) and 2 to 3 times, and the victim did not meet any longer, through D’s hosting display. The Defendant sent obscene text messages to the victim who did not meet the victim.

피고인은 2017. 2. 22. 경부터 같은 달 24. 경까지 이탈리아에 있는 피고인의 주거지에서, 휴대폰 F 어플을 이용하여 피해자에게 “Let ’s go for a threesome( 쓰리 썸을 하자)”, “If u bring your femle friend she can lick ur pussy and just watch( 너도 네 친구를 데려오면 그녀가 네 보지를 핥아 줄 테니 지켜봐)”, “Your pussy is also weird. The right labia is larger than the left one( 네 보지는 이상해. 오른쪽 대음 순이 왼쪽 대음 순보다 커)” 라는 등의 문자 메시지를 반복하여 전송하였다.

As a result, the Defendant sent to the victim a letter that may cause sexual humiliation or aversion through telecommunication media, such as telephone, with a view to inducing or satisfying his/her sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report (related to the translation of evidence submitted by the victim);

1. Application of Acts and subordinate statutes to documents submitted to victims (F dialogue content);

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The main sentences of Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Under favorable circumstances such as the fact that the defendant's reasons for sentencing of Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order recognized his mistake and reflects his mistake, and that the first offender who has no record of criminal punishment in Korea and foreign countries is a primary offender, the victim wanted to punish the defendant, and although the defendant asserts cultural differences, the defendant is claiming cultural differences.