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

If the defendant does not pay the above fine, KRW 100,000.

Criminal facts

On March 8, 2017, at the defendant's house located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul around 18:21, the defendant called the defendant's personal telephone with the defendant's hand phone to the victim C (the 17 years of age), and the defendant sent a new voice.

Accordingly, the Defendant sent to the other party a sound that may cause a sense of sexual humiliation or aversion by telephone with the intent to arouse or satisfy his or another person's sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to sound recording files;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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 subject to Exemption from the Registration and Obligation to Submit Personal Information (amended by a fine to a defendant) is that the defendant, in the event that the other party is a female by using a phone without permission, made the other party reach the other party a sound that may cause a sense of sexual shame or aversion by using telephone for the purpose of inducing or meeting his/her sexual desire, by smelling his/her own sexual humiliation, and the nature of the crime is not good in light of the motive, form, etc., of the crime; the defendant was unable to receive a letter from the injured party; the defendant was sentenced to a suspended indictment on July 27, 2015 (obscenity using a communication medium) but was taken into account as a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using communication media)

However, the defendant's perception of committing the crime of this case reflects the defendant's mistake, there is no specific criminal punishment other than before and after the defendant's previous conviction, and all other records of this case and arguments on the changes, such as the defendant's age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc.