The prosecutor's appeal is dismissed.

1. The crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using a communication medium) is subject to the benefit and protection of social interests, and consent is given by the victim.

In light of the fact that the defendant and the victim are subordinate to their duties, the victim’s speech and behavior alone cannot be deemed to have given consent or understanding.

2. The lower court, based on its stated reasoning, determined that the crime committed in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using a communication medium) is committed against the victim’s will, and that the evidence submitted by the prosecutor alone is insufficient to recognize that the Defendant sent obscene videos to the victim via a cell phone as indicated in the facts charged against

The judgment below

Examining the reasoning of the lower court compared with the evidence examined, the lower court’s aforementioned determination is justifiable, and it did not err by misapprehending the facts or by misapprehending the legal doctrine, thereby affecting the conclusion

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.