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Defendant shall be punished by a fine of two million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
No person shall have the other party deliver words, sounds, letters, pictures, images, or other things that may cause a sense of sexual humiliation or aversion by telephone, mail, computer, or other means of communication, with intent to arouse or satisfy his/her own or the other person's sexual desire.
1. On November 25, 2015, at the defendant's house located in Jongno-gu Seoul Metropolitan Government 07:23 around November 25, 2015, the defendant sent text messages, "on the victim's cell phone in Jongno-gu, Seoul, for the purpose of inducing or satisfying his/her sexual desire, with a photograph showing the male's sexual desire," along with a photograph showing the male's sexual desire, "on his/her own view, as soon as he/she sees, and as soon as he/she does not see, and as soon as he/she does and love."
The victim reached images and horses that cause sexual humiliation and aversion.
2. On November 30, 2015, the Defendant sent a text message to the victim’s cell phone, stating, “as soon as possible and as soon as possible for a man’s sexual desire,” along with a photograph showing a man’s sexual desire, to arouse or satisfy his/her own sexual desire, at the place described in paragraph (1) around November 30, 2015.”
The victim reached images and horses that cause sexual humiliation and aversion.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. A written statement;
1. The application of Acts and subordinate statutes to the investigation report (related to attaching evidence) and evidence;
1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. thereof;
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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;