The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, the period of two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal by the defense counsel (unfair sentencing) is against the defendant, there is no same record of crime, and the defendant committed the crime of this case contingently under the influence of alcohol. The court below stated the reasons for sentencing that "the defendant knew of the victim's body photograph taken by the defendant at the victim's request as if he would delete the victim's body photograph, and then sent the above photograph to F" as an unfavorable element of sentencing. However, the court below stated the reasons for sentencing that "the defendant knew of the fact on the day when the defendant taken the body photograph and sent it to the branch, and then deleted the photograph immediately, it cannot be considered as an unfavorable element of sentencing against the defendant. Since the victim knew of the fact on the day he sent the body photograph to the branch, it cannot be considered as an unfavorable element of sentencing against the defendant, there is no fact that the victim's body photograph was distributed to others than F, and the defendant still is a university student under the age of the victim and his parents leading the defendant.

2. The crime of this case is not very likely to be committed by the Defendant to transmit the body of the victim, which the Defendant had been in a eight-month relationship, to another cell phone against his will, and then, to another cell phone with the victim.

On the other hand, it is impossible to confirm whether the Defendant’s cell phone was the changed fact that the Defendant immediately deleted the victim’s cell phone from the victim’s front of the victim on June 28, 2015, which was a material evidence after the victim filed a complaint with the police of the instant case. ② The Defendant sent the victim’s photo during the period of the victim’s sexual intercourse and then sent the victim’s photo to F. The victim was sent to F.