A. The Defendant sent the instant text message to the victim who had a relationship with the victim living together at one time during the contact with him as a debt relationship, and the transmission of the instant text message to the victim with no intent of refusal at that time does not constitute obscenity.

B. Furthermore, it is unreasonable to simply send the instant text message to become a person subject to registration of personal information and to complete a sexual assault treatment program.

2. Determination:

A. Article 13 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc.”) punishs a person who has sent words, sounds, letters, pictures, images, or other things that may cause a sense of sexual shame or aversion through telephone, mail, computer or other communications media to arouse or satisfy the victim’s sexual desire. The following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, namely, ① the content of each text message of this case requires the victim to have sexual intercourse, and in light of its content, the Defendant appears to have sent each text message of this case to the victim for the purpose of meeting the victim’s sexual desire. ② The Defendant is deemed to have been a victim and the victim was deemed to have been a past person, but the Defendant was already in a separate state with the victim on December 17, 2014, ③ the Defendant was required to receive a total of 14 million won from the victim at the time of sending the text message of this case, and ④ the Defendant was demanded to pay the same by deception or deception of the victim.