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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 24, 2019, the Defendant was sentenced to suspension of the execution of four years, probation, and an order to attend a sexual assault treatment lecture for 40 hours at the Daejeon High Court on December 24, 2019, and the judgment became final and conclusive on January 1, 2020.

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.

피고인은 2018. 12. 28. 21:24경 불상지에서, 휴대전화를 이용하여 페이스북 메신저로 피해자 B(여, 17세)에게 ‘니 가슴이 그리워 말랑말랑 푹신푹신 하다’라는 내용의 문자메시지를 전송하였다.

As a result, the Defendant reached the victim with words causing sexual humiliation or aversion through communications media for the purpose of inducing or meeting his or another person's sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. Previous records on a photograph after a conversation is cut down: Criminal records and other inquiries, and the application of the statement statutes of the accused;

1. Article 13 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020), the selection of fines on criminal facts

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for detention in a workhouse (when a suspended sentence of imprisonment is invalidated or revoked);

1. proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes which have not been ordered to complete a program (it shall be subject to an order to attend a course to treat sexual assault in judgment before the market);

1. Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes that are not subject to the registration and submission of personal information;