The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

1. The summary of the grounds for appeal did not aim to arouse or satisfy his sexual desire.

2. Determination

가. 공소사실 이 사건 공소사실은 “ 피고인은 2015. 12. 30. 01:32 경 피고인의 휴대전화를 이용하여 “D 이 좇하구 비교해 봐 좇물맛이 어 땠는지” 라는 내용의 글을 피해자 E에게 F 메신 져로 보내는 등 별지 범죄 일람표의 순번 11, 13에 기재된 바와 같이 2회에 걸쳐 자기의 성적 욕망을 유발하거나 만족시킬 목적으로 성적 수치심이나 혐오감을 일으키는 글과 사진을 피해자에게 도달하게 하였다.

“ are”.

B. The lower court determined that the Defendant’s act was intended to insult or criticize the victim’s external behavior, which was his/her spouse, in smelling the victim’s text messages and photographs, but there was such intent.

Thus, it is difficult to view that the purpose of inducing or meeting his or another person’s sexual desire is excluded. Taking into account the content and frequency of the sent text messages, the relationship between the Defendant and the victim at the time, etc., the Defendant sent the victim the above text messages with the intent to arouse or satisfy the sexual desire, at least for the purpose other than the aforementioned insult, etc.

The facts charged in the instant case are found guilty on the ground that it is “reasonable to view.”

(c)

In light of the following circumstances recognized by the review records, the evidence submitted by the prosecutor alone was with a view to inducing or meeting the victim’s sexual desire in smelling letter messages and photographs.

It is difficult to see that there is a ground to misunderstanding the facts of the defendant or misunderstanding the legal principles (influence of the act of the victim, so that he sent a writing and a photograph with the intent to insult or criticize the victim.

(1) The defendant.