A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Punishment of the crime

1. 정보통신망이용 촉진 및 정보보호 등에 관한 법률위반 피고인은 2014. 7. 8. 14:03 경 인천 남구 C 피고인의 주거지에서 피고인의 휴대전화를 이용하여 피해자 D( 여, 23세) 의 휴대전화 (E) 로 “ 언제까지 내 벌금 낼 줄 껀지 싫으면 말해 라” 라는 문자 메세지를 전송한 것을 비롯하여 위 일 시경부터 2015. 11. 5. 경까지 사이에 별지 범죄 일람표⑴ 기재와 같이 총 40회에 걸쳐 공포심이나 불안감을 유발하는 문언을 반복적으로 피해자에게 도달하게 하였다.

2. A violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) was about December 2, 2015, the defendant, using his/her mobile phone in the above defendant's residence on December 2, 2015, in the victim's cell phone, who was not in the relation of being too long since he/she used the victim's mobile phone.

Now, from the above day to February 18, 2016, the transmission of text messages, text messages, pictures, etc. containing obscene content 66 times in total, such as the written Sheet, which led the victim to feel a sense of sexual humiliation or aversion through telephone, with a view to inducing or meeting his/her sexual desire by transmitting the text messages, text notes, and pictures, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant legal provisions of the relevant Act concerning criminal facts, Articles 74(1)3 and 44-7(1)3 (a) of the Act on Promotion of the Use of Information and Communications Networks and Protection, etc. of Information and Communications Networks, and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of repeated delivery of information that arouses fear or apprehensions), and selection of imprisonment, respectively;

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. Special cases concerning the punishment, etc. of sexual assault crimes committed to order;