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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person who operates a laundry in the name of “D” in the petitioner B building C at the Cheongju-si.
On May 19, 2017, the Defendant visited the said laundry on the victim E (Inn, family name, 55 years old) who first visited the said laundry to a customer, and was aware that the Defendant was age similar, and exchanged the telephone number with one another for a friendly way.
1. On May 20, 2017, the Defendant sent the victim’s cell phone with the message “nicking off” and “nicking a woman wanting to be reported together” to the victim’s cell phone at around 12:56 on May 20, 2017, the Defendant sent his/her telephone photograph containing panty only.”
Accordingly, the Defendant sent words, sounds, letters, pictures, images, or other things that may cause a sense of sexual humiliation or aversion through telephone, mail, computer, or other means of communication with intent to arouse or satisfy his/her own or another person's sexual desire.
[Defendant and his defense counsel asserted that the Defendant did not send a speech or photograph for the purpose of inducing or meeting his or another person's sexual desire. However, the issue of whether there was "the purpose to arouse or satisfy his or another person's sexual desire" under Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes should be reasonably determined in light of social norms by taking into account various circumstances, such as relation with the Defendant and the victim, motive and background of the act, means and method of the act, details and manner of the act, nature and manner of the other party, etc. (see Supreme Court Decision 2016Do21389, Jun. 8, 2017). The Defendant and the victim, while repairing clothes on May 19, 2017, were first sent to a laundry and a customer, and the age was her friendship. The Defendant's message was written.