The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

[Judgment on the Reasons for Appeal] The abstract of the Reasons for Appeal is that the defendant sent a victim C a obscene photograph as stated in the facts charged to the victim C upon the victim’s request. Thus, such photograph cannot be viewed as a photograph that causes sexual humiliation or aversion to the victim.

(In fact-finding and misunderstanding of legal principles). The sentencing of the court below (2 million won of fine) is too unreasonable.

(F) On the other hand, the court below found the Defendant guilty of the facts charged in this case by comprehensively taking account of the evidence duly adopted and examined, and rejected the Defendant’s aforementioned assertion for the following reasons: “Judgment on the Defendant and his defense counsel’s assertion”.

Examining the above fact-finding and judgment of the court below after comparing them with the records, the judgment of the court below which found the defendant guilty of the facts charged of this case is just, and it cannot be said that there is an error of law affecting the conclusion of the judgment by misunderstanding facts or misunderstanding the legal principles

As to the assertion of unfair sentencing, the Defendant’s crime of this case is deemed to be somewhat unreasonable since the sentencing of the lower court is determined to be somewhat unreasonable, on the grounds that the Defendant’s act of unfair sentencing was based on the following circumstances: (a) the Defendant did not focus on having sent the victim’s photograph of sexual intercourse and self-defense; (b) the Defendant had no criminal record in relation to the victim until the instant case; and (c) the Defendant had no criminal record in the same kind; and (d) the Defendant’s age, character and conduct, motive, means and consequence of the commission of the crime; and (b) all other circumstances constituting the conditions for sentencing specified in the instant case,

If so, the defendant's appeal is reasonable. Therefore, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act.