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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is between victim B (n, 73 years of age) and golf club members.
1. No person who violates the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) shall have the other party reach the other party any words, sounds, letters, pictures, images, or articles that may cause a sense of sexual shame or aversion through telephone, mail, computer or other communications media with intent to arouse or satisfy his/her or the other party's sexual desire;
Nevertheless, on September 25, 2019, the Defendant sent sexually related dynamics from the Defendant’s office located in the Defendant’s office located in the Yongsan-gu, Yongsan-gu C building D to the victim, using the Kakakao Stockholm to transmit to the victim the sexually related dynamics.
As a result, the Defendant reached the victim with a view to meeting his sexual desire and inducing the victim's sexual desire, which may cause a sense of sexual humiliation or aversion through the communication media.
2. Around 11:50 on March 30, 2020, the Defendant entered the victim’s residence in Jungdong-gu, Seoul, China-gu E Apartment F, by entering the victim’s residence, following the joint entrance door, the Defendant invadedd the victim’s residence, sent back the victim’s entrance door to drinking and sponsing, and saying, “The victim’s residence peace was received from why the door was closed, and the contact was distorted.”
Summary of Evidence
1. Application of Acts and subordinate statutes to a witness B’s legal statement made in the Defendant’s partial statement (CCTV verification) and a report on internal investigation (obscenity transmitted by the suspect)
1. Relevant legal provisions on criminal facts, Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020), Article 319 (1) of the Criminal Act, and the selection of fines, respectively,
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;
1. The Criminal Procedure Act;