The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. Summary of grounds for appeal;

A. In the instant case, the Defendant, by misapprehending the legal principles and mistake of facts, only transmitted photographs, etc. with a view to enabling the victim to make a continuous contact and demand by the victim, and did not have “the purpose of inducing or satisfied the sexual desire” of the Defendant.

B. The sentence sentenced by the court below to the defendant (the punishment amounting to KRW 1.5 million and the order to complete a sexual assault treatment program for 40 hours) is undue.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of misunderstanding of facts and legal principles, namely, according to the witness clinical sense testimony, the defendant and the victim were to be mistaken for the person in charge of sexual intercourse, and at least the victim sent letters to the defendant with a dual sense (No. 53 pages of the trial record), and the victim was the victim at the investigative agency.

Now, he had been married with a foreign person to the defendant.

Then, the victim stated, “I cannot see it without doubt (7th page of the investigation record) that I would like to believe,” and that I sent to B, if I think I would like to know how I would know about the obscene pictures and videos, such as the facts charged, as described in the facts charged;

In addition, in full view of the fact that the Defendant stated to the effect that “the victim would have sought L” (the 6th page of the investigation record), and the Defendant’s India investigative agency stated to the effect that “the victim would have sought a sexual relationship with L and sent pictures and videos on the ground that he would want to do so (37,38 pages),” etc., the Defendant’s sending of obscene pictures and videos to the victim was the primary purpose of the Defendant’s sending of obscene pictures and videos to the victim.

The defendant's sexual desire at least.