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The judgment below
The guilty portion shall be reversed.
Defendant shall be punished by a fine of seven million won.
The above fine shall be imposed on the defendant.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) In regard to Defendant 1’s violation of the Punishment of Violences, etc. Act (Habitual intimidation), the text message sent by the Defendant is merely an indication of emotional humiliation or temporary labor, and cannot be deemed as having committed a crime of intimidation against the Defendant.
In addition, since the victim did not recognize that the defendant sent the text message to the mobile phone by setting up the refusal to receive the text message on the mobile phone, it is nothing more than attempted.
In addition, Article 2 (1) of the Punishment of Violences, etc. Act cannot be deemed to be habitually committed against the defendant.
B) With respect to the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media), the text messages sent by the Defendant did not have the intent to arouse or satisfy the sexual desire of the Defendant, and the content thereof does not constitute a case where the victim did not recognize the text messages sent by the Defendant on his cell phone by setting the refusal to receive text messages against the Defendant. Moreover, the victim was merely attempted without recognizing the text messages sent by the Defendant. There is no penal provision for attempted punishment, and the crime is not ultimately committed. 2) The lower court’s sentence of unfair sentencing (the completion of sexual assault treatment programs for one year and 80 hours) is too unreasonable.
B. In full view of the evidence submitted by the prosecutor, including the statement of the prosecutor(s) victim, the facts charged of rape, which the court below acquitted, are sufficiently recognized.
2. Determination:
A. (1) On the grounds of appeal by the Defendant, a list of crimes attached to the charges of intimidation from June 13, 2012 to August 29, 2013
1. Each of the intimidations mentioned in paragraphs 1 through 10 is established (the crime of intimidation as stipulated in Article 283 of the Criminal Act).