Defendant shall be punished by a fine of KRW 5,000,000.

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

Punishment of the crime

The defendant is a person who does not have any relationship with the victim B (the nationality of women, 28 years of age, and kistan).

피고인은 2017. 4. 30. 19:43 경 경기 수원시 권선구 C에 있는 피고인의 주거지인 D 아파트 105동 301호에서, 피고인의 휴대전화 문자 메시지 기능을 이용하여 피해자에게 "E 오빠, 꺼 추 목욕시켜 줘, E 오빠 구녕값은 준비됐어, 물이 넘쳐서 주체를 못하겠어, E 오빠 몽둥이 힘은 좋아 ㅋㅋ" 라는 내용의 문자 메시지를 발송한 것을 비롯하여 그 때부터 2017. 6. 6. 23:25 경까지 별지 범죄 일람표 기재와 같이 총 16회에 걸쳐 성적 수치심이나 혐오감을 일으키는 내용의 문자 메시지를 피해자에게 발송하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of the Acts and subordinate statutes to photographs by capturing a letter sent by the victim;

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

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 sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The reason for sentencing under the proviso of Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes exempt from the obligation to register and submit personal information (in cases where the defendant is sentenced to a fine), is not good in light of the method and content of the instant crime, the frequency of the crime, etc., and the fact that the defendant was unable to receive a letter from the injured

On the other hand, the fact that the defendant reflects the mistake, that the defendant has no record of punishment for the same kind of crime, and that there is no criminal record exceeding the fine is favorable.

In the above circumstances, records and arguments, such as the defendant's age, sexual conduct, environment, circumstances after the crime, and circumstances after the crime are revealed.