The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

If the above fine is not paid.

1. The lower court rendered a judgment dismissing a public prosecution regarding the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) among the facts charged in the instant case, as to the conviction (for six months of imprisonment, two years of suspended sentence, 40 hours of lecture for treatment of sexual assault, 40 hours of lecture for treatment of sexual assault, 40 hours of lecture for mental and psychological therapy, 120 hours of community service order, and 1 days of perjury), and intimidation, and only the Defendant appealed against the aforementioned guilty part.

Therefore, inasmuch as the part of the judgment of the court below dismissing a public prosecution for which a prosecutor has not appealed is separately determined by the intention of the appeal period (see, e.g., Supreme Court Decision 91Do1402, Nov. 21, 1992; Supreme Court Decision 2010Do10985, Nov. 25, 2010), the scope of the judgment of the court is limited to the part of the judgment of the court below that the defendant appealed.

2. Summary of grounds for appeal (misunderstanding of legal principles and improper sentencing)

A. misunderstanding the legal doctrine, the Defendant sent the instant pictures to F and E in order to inflict mental pain, and there was no purpose to induce or satisfy the Defendant himself or his own sexual desire.

B. The sentence of the lower court’s unfair sentencing (the imprisonment of six months, two years of suspended execution, 40 hours of lecture for the treatment of sexual assault, 40 hours of lecture for mental therapy, 120 hours of community service order, 120 hours of proof, 1) is too unreasonable.

3. Determination

A. We examine ex officio the defendant's argument of reasons for appeal prior to the determination of ex officio.

Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jan. 16, 2018; Article 56(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jan. 16, 2018; and Article 56(1) and (2) of the same Act provide for the restriction on employment of children, juveniles, or persons sentenced to punishment for sex offenses against adults within the scope of ten years for each defendant in consideration of the severity of each offense, the risk of recidivism, etc.