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Defendant shall be punished by a fine of three million won.
To the defendant, the defendant shall complete the sexual assault treatment program for 40 hours.
Reasons
Punishment of the crime
Around 15:58 on October 15, 2018, the Defendant: (a) called “Nuna” to walk a phone call from a dental room in which the victim B (the victim 28 years of age) works with his/her cell phone at a non-permanent Dong-dong, Daegu-dong, Daegu-dong; (b) around 16:00 on October 15, 2018, the Defendant posted the phone to the victim at an insular place in the Daegu-dong, Daegu-dong, Daegu-dong (the victim 28 years of age); and (c) on October 30, 2018, the Defendant posted the phone to the victim at the victim’s phone at “humna, humna, humna, humna, humna, humna, humna, humna; and (d) on October 17, 2018, the Defendant posted the phone to the victim at the same place as above at the victim’s seat in Daegu-dong, Daegu-dong-dong.”
Accordingly, the defendant reached the victim with a view to inducing or meeting his or another person's sexual desire through telephone for a total of four times.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to the chief of the accusation and the police statement concerning B (tentative name);
1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines for Crimes;
1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 3 and 50 of the Criminal Act;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. An order of disclosure or notification under Article 334(1) of the Criminal Procedure Act, the Defendant’s age, occupation, risk of recidivism, type of the instant crime, motive, process, seriousness of the crime, disclosure order or notification order, the degree of disadvantage of the Defendant resulting from the order of provisional payment, the preventive effect of sexual crimes subject to registration, the effect of protecting the victims, etc.