The prosecutor's appeal is dismissed.

1. The summary of the prosecutor's appeal (the fact-finding) argues that the Defendant released obscene video stored in a mobile phone while dividing conversations between D and E with automobile sales employees, and transmitted it to D by hand, but there is no reason to delete the video immediately at the time, and the Defendant sent two obscene video images to D's resident registration numbers after sending them. The Defendant cannot be viewed as an act of a yellow person by sending the virtual video and sending them to D with obscene video. In light of the following, the Defendant’s explanation that the Defendant sent the video and sent it by hand to D is difficult to view it as an act of a yellow person. The Defendant’s explanation that the Defendant sent the video and sent it by hand, and it is deemed that the file size of each video file sent by the Defendant is different, and it is impossible to view that the Defendant sent the same video in duplicate by hand, as recorded in the facts charged, can be acknowledged that the Defendant reached D with a view to satisfy sexual humiliation or aversion through communications media.

Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment by rendering a not guilty verdict of the facts charged in this case.

2. In full view of the evidence submitted by the prosecutor, the court below acknowledged that the video images sent from the Defendant’s mobile phone (hereinafter “the video of this case”) two times at the time indicated in the facts charged, but argued that the video of this case was sent to D during the process of transmitting the vehicle pictures and their resident registration numbers to D through E Mes, so as to consistently grasp the estimation of the vehicle insurance premium from the investigation agency to the court below, and that the Defendant asserted that the video of this case was sent to D during the process of transmitting the vehicle pictures and their resident registration numbers, and that it was attempted to delete them.