The defendant shall be innocent.

1. The summary of the facts charged shall not allow anyone to reach the other party any words, sounds, letters, pictures, images, or other things that may cause a sense of sexual humiliation or aversion by telephone, mail, computer or other means of communication, with intent to arouse or satisfy his/her own or the other party's sexual desire;

Nevertheless, at around 09:32 on March 28, 2019, the Defendant sent a female chest exposed to the victim B using his mobile phone, and from around that time, the same year.

6. By December, 12, the images, etc. that cause sexual humiliation or aversions over 25 times in total, as shown in the attached list of crimes, were sent to the victim.

2. Determination

A. Article 13 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Sexual Crimes Punishment Act”) provides for the punishment of “a person who sends another person any words, sounds, letters, pictures, images, or other things that may cause a sense of sexual shame or aversion (hereinafter “the pictures, etc.”) by telephone, mail, computer, or other means of communication with intent to arouse or satisfy his/her own or another person’s sexual desire.”

The purpose of Article 13 of the Sexual Violence Punishment Act is to guarantee “the right not to contact the pictures, etc. that cause a sense of sexual shame against the individual’s right to sexual self-determination,” and to protect sexual self-determination and general personal rights, and to establish sound sexual morals of society.”

Whether “the purpose of inducing or meeting one’s own or another’s sexual desire” is to be determined reasonably in light of social norms by comprehensively taking into account various circumstances, such as the relationship between the Defendant and the victim, motive and background of the act, means and method of the act, content and form of the act, nature and scope of the other party,

In addition, ‘sexual humiliation or aversion' may be caused.