The defendant shall be innocent.

1. The summary of the facts charged is between B (the age of 38) and that of September 11, 2012.

No person shall allow another person to deliver words, sounds, letters, pictures, images, or other things that may cause a sense of sexual shame or aversion by telephone, mail, computer, or other means of communication, with intent to arouse or satisfy his/her own or another person's sexual desire.

A. On March 3, 2017, the Defendant sent the text message “defect” to B’s mobile phone using his/her mobile phone to satisfy his/her own sexual desire on March 3, 2017, around 16:08, in order to satisfy his/her own sexual desire.

B. On March 6, 2017, the Defendant sent the E-mail message, “(i) to B’s mobile phone using his/her mobile phone for the purpose of meeting his/her own sexual desire on March 6, 2017, around 16:08, and (ii) around March 6, 2017, with a view to meeting his/her own sexual desire.”

(c)

On April 12, 2017, the Defendant sent the e-mail message called “Franchis earer” to B’s cell phone using his/her cell phone with a view to meeting his/her own sexual desire on April 12, 2017, around 13:52, the Defendant committed the crime.

Accordingly, the Defendant sent comments that may cause sexual humiliation to B for the purpose of meeting his sexual desire.

2. Determination

A. Article 13 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Sexual Crimes Punishment Act”) punishs “a person who makes another person reach another person with the words, sounds, letters, pictures, images, or other media that may cause a sense of sexual shame or aversion (hereinafter “a picture, etc.”) by telephone, mail, computer, or other communications media for the purpose of inducing or meeting his/her or another person’s sexual desire.”

The crime of obscenity using communications media is defined in Article 13 of the Punishment of Sexual Violence Act.