A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles cannot be viewed as obscene images to the extent that the victim’s pictures sent to the victim G at the time of the instant case cannot cause sexual humiliation or aversion, considering that the victim is a male. Nevertheless, the lower court found the Defendant guilty of this part of the facts charged, which erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment. 2) The lower court’s sentence of unfair sentencing (six months of imprisonment, two years of suspended execution, two years of community service order, eight hours of attendance order,

B. Prosecutor 1) In full view of the mistake of facts, the victim’s statement by misapprehending the legal principles, the Defendant’s attitude at the time of committing an indecent act, and the circumstances after committing an indecent act, etc., the fact that the Defendant committed indecent act by compulsion by the victim G can be sufficiently recognized. Nevertheless, the lower court acquitted the Defendant of the charge of indecent act among the facts charged in the instant case, and thereby erred by misapprehending the legal principles, thereby affecting the conclusion of the judgment. 2)

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the Defendant’s assertion of mistake of facts and misapprehension of legal doctrine, each of the pictures sent by the Defendant to the victim at the time of the instant case is deemed sufficient to cause sexual humiliation or aversion, and thus, the lower court’s judgment that convicted the Defendant as to this part of the facts charged is justified.

Therefore, the lower court did not err by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

1. On September 8, 2015, around 20:07, the part of the tree potteries of the photograph sent by the Defendant to the victim is women's sexual flag.