The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of the fact that the Defendant, by mistake of facts or misapprehension of legal principles, led to the confession that he sent the victim’s photograph to the offender against the will of the victim on June 9, 2018, the victim also stated that the Defendant sent the victim’s photograph to another person immediately after the complaint was filed, and that the Defendant sent the victim’s photograph to the other person through the Meet, such as F, etc., and that there is no reason to delete it before the presence of the investigative agency, this part of the facts charged is recognized.

Nevertheless, the judgment of the court below which acquitted the defendant is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.

B. The sentence imposed by the court below on the grounds that the sentence imposed by the court below on the unfair sentencing (the imprisonment for eight months, the suspension of the execution of two years, confiscation, probation, and the taking of sexual assault treatment lectures for forty hours) is too unjustifiable.

2. Determination

A. On June 9, 2018, the summary of the facts charged in this part of the facts charged: (a) around Seoul Central District Court: (b) distributed photographs bearing the body of another person, which might cause sexual humiliation or shame, using the Messen or other similar devices installed in the Defendant’s cell phone, and the Messen or F, using the Messen or other similar devices; and (c) distributed photographs taken against the Defendant’s will, by means of the Messen or other similar devices.

B. The lower court determined as follows, on the grounds delineated below, that this part of the facts charged was insufficient to be proven beyond a reasonable doubt, and that there was no other evidence to prove otherwise.

(1) Although the police and the prosecution recognized the above facts charged, the defendant stated that he/she made a false confession in order to conceal the crime on June 14, 2018 as consistently decided in this court, and the above confessions are made by the victim.