The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for four months.

except that from the date of this judgment.

1. Summary of grounds for appeal;

A. The sentence on the guilty portion of the lower court (4 months of imprisonment) is too unreasonable.

B. Prosecutor 1) misunderstanding of the facts or misapprehension of the legal principles [the acquitted part of the judgment of the court below [the innocent part]] Defendant sent the victim a victim’s chest photograph before the victim’s sexual humiliation (hereinafter “instant photograph”) (the victim’s sexual humiliation was an act of inducing the victim’s sexual interest by impairing the victim’s normal sexual humiliation, and there was a purpose to satisfy the victim’s sexual humiliation from the perspective of a general and average person in light of the fact that the victim’s chest photograph is a 35 years old woman’s chest, and that the body is a photograph of the front body, etc.

Therefore, the lower court erred by misapprehending the legal principles or misunderstanding the facts charged on this part, as it can be seen otherwise.

2) The above sentence of the lower court’s improper sentencing is too unhued and unreasonable.

2. Determination

A. The lower court’s determination on the Prosecutor’s misunderstanding of the facts or misapprehension of the legal doctrine is based on the following: (a) the lower court, as indicated in its reasoning, took into account: (b) the fact that the content of the series of text messages sent by the Defendant to the victim appears to be an attempt to continuously communicate; (c) the instant pictures appears to have been sent during the transmission of such text messages; and (c) the content of the text messages immediately after the said pictures is “is informed that it is necessary to gather documents”; and (d) the evidence submitted by the Prosecutor alone, with a view to inducing or satisfied the Defendant’s or other people’s sexual desire.

It is difficult to conclude this part of the facts charged, and there is no other evidence to acknowledge this.

2) The obscenity using a communications medium subject to punishment under Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes, is sexual humiliation, etc. committed by the other party.