Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

피고인은 2018. 4. 25. 15:27 경 주거지인 김포시 C 내에서, 홈쇼핑에서 구입한 믹서기 배달문제로 피해자 D( 여, 33세) 가 근무하는 서울시 영등포구 E 건물 소재 F 콜 센터로 전화하여 전화 상담을 받던 중, 위 피해자에게 “ 목소리가 이렇게 이뻐서 나 욕정에 잠 못 자겠는데 너무 이뻐 가지고, 아가씨가 이뻐 가지고 잠 못 자겠어, 아가씨 생각나서. 아가씨 밑에 가 자꾸 서는데, 몰라 몰라 그러는데 아 몰 아 아 쌌어요,

아이 쌌어요.

Because of weather, he/she has satisfied his/her sexual desire and made the victim feel a sense of sexual humiliation by using obscene words, such as "hynace".

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The application of Acts and subordinate statutes to investigation reports (Attachment of recording contents);

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

1. Article 70(1) and Article 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 to Order;

1. The main sentence of Article 56 (1) and Article 56 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment-restricted order;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) recognizes and reflects the Defendant’s mistake.

There is no record of the same crime.

However, due to the defendant's mistake, the victim gets a great sense of sexual humiliation, insult, and aversion, and the defendant was punished.

In addition, the punishment shall be determined by comprehensively taking into account the degree of obscenity, the age, occupation, sex, family relationship, living environment, circumstances leading to the crime, etc. of the defendant, and the conditions of the sentencing as shown in the records.