A. Since there was no fact that the defendant sent a female balone photo using his own mobile phone, the court below erred by misunderstanding the fact.

B. The lower court’s sentence of unreasonable sentencing (a fine of KRW 700,000) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the lower court’s judgment on the assertion of mistake of facts and the evidence duly admitted and investigated by this court, the Defendant’s transmission of bareboat photographs to the victim’s cell phone as stated in the facts charged is recognized. Therefore, the above assertion by the Defendant

① According to the images of the Defendant’s mobile phone calls, the details of the receipt thereof, and the images of the personal body images transmitted, the fact that around July 1, 2012, on the day of the instant case, the Defendant’s mobile phone text messages (the text “sken” was written along with the body pictures showing the chest of the female) accompanied by the victim’s cell phone photographs from around July 22, 201.

On the other hand, the defendant alleged that he did not transmit the above bals and text messages, but the defendant was aware that he sent bals and text messages to his mobile phone around 05:46 on July 1, 2012 and around 05:58 on July 2, 2012 on the following day, which was the day of the case, and the defendant himself stated that he was at the bals and bals of his cellular phone on the day of the case, and that he was at the bals and fals of his cellular phone, and that he did not lose bals and borrowed bals to another person and that he could send bals and text messages to a Chinese person.

(2) The defendant asserts that the ability to send a photo or text message away from his/her mobile phone operation ability is also not sufficient.

However, in the cell phone used by the defendant at the time of the instant case, a number of photographs taken by the defendant directly.