A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Criminal facts

[2017 Highest 5464] On October 6, 2017, at the defendant's office located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, the Defendant repeated the phrase "fash and fash defects" to the victim C (the 13 years old) by putting the phone to the victim C by putting the phone on the phone number display limitation, and repeated the phrase "fash and fash defects."

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.

[2017 Highest 583] On September 16, 2017, the Defendant sent to the other party a speech that may cause sexual humiliation or aversion through a telephone, which is a communication medium, for the purpose of inducing or meeting his/her or other people’s sexual desire, by putting the victim D (hereinafter referred to as 17 years of age) by putting a telephone on the victim by restricting the transmission number display at the Defendant’s home located in Geumcheon-gu Seoul Metropolitan Government.

Summary of Evidence

[2017 Highest 5464]

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Sound recording files (2017 Height 5883);

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Application of the Acts and subordinate statutes that capture the victim's cell phone screen;

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor, in relation to the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Protection and observation, Article 62-2 (1) of the Criminal Act, Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant is that the other party is a female, and the other party is a female.