A. The Defendant did not transmit the instant pictures and videos to the victim against the victim’s will.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

B. The sentence sentenced by the lower court (2 million won in penalty, 40 hours in order to complete the course) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., the victim, at the time of the police investigation, took his or her sexual organ and sent it to a text message and meet him or her, as follows: (i) the victim took a part of his or her sexual organ at the time of the police investigation, so it does not appear to reach any other person; and (ii) the victim, at the time of the police investigation

“(Evidence No. 47 of the Evidence Record)” and “non-public notice”;

I have talked about this only, and I have sent a photograph of ‘I', ‘I', ‘W', ‘W', ‘W' and ‘W', ‘W', ‘W', ‘W', ‘W', ‘W'

“At the time, I have been sexually numerically and suspected.”

”( 증거기록 제 48 면), “ 피고인이 ‘ 하고 싶다, 흥분된다’ 는 등의 이야기를 하며 ‘ 사진 찍어 보낼까’ 하는 소리를 자꾸 하여 ‘ 뭘 자꾸 찍어 보낸다고 그러느냐,

Sending

V. There is a fact that the defendant sent his or her sexual organ to him or her at that time.

After that, there is no fact that he has given an answer to that question by the defendant, and that he has sent it by affixing a photograph.

“(Evidence No. 85, 86 of the Evidence Records)” and “I have made a fighting with the Defendant on July 10, 2014, and have made efforts to adjust the relationship from that time.”

“(Evidence No. 87) and other statements consistent with the facts charged in the instant case, are consistently made, and ② the content of text messages sent by the Defendant to the victim before and after the instant crime, i.e., the text messages sent by the Defendant to the victim.