The defendant shall be innocent.

On February 2015, the Defendant was in custody of the victim C (V, 49 years of age) and D’s images exposed to the upper half of his cell phone (hereinafter referred to as the “the instant pictures”) as the Defendant’s cell phone on a remote opportunity to take and keep such pictures.

On April 3, 2015, at around 22:45, the Defendant sent the pictures of this case to the victim and D with a view to inducing or meeting his or her or others' sexual desire, using the communication media, etc. for the purpose of inducing or meeting his or her or others’ sexual desire.

An obscene act using a communications medium subject to punishment under Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is a so-called target crime in which the sender of the image can be punished only for “the purpose of inducing or meeting his/her own or another person’s sexual desire” as well as for the image, etc. received by the other party causing sexual humiliation.

Therefore, even if the video appears to cause a sense of sexual humiliation, the crime is established immediately by itself.

It should not be readily concluded that the aforementioned purpose is inferred.

In accordance with the purport of the law that has an excessive subjective constituent element, separate determination should be made on whether the defendant has a purpose to arouse or satisfy his/her own or another person's sexual desire, by comprehensively taking into account the motive for sending images, circumstances before and after the arrival of images, the relationship between the defendant and the other party, etc.

Defendant sent this case’s photograph to E’s cell phone, and his photograph is also recognized by the Defendant, prior to the show of C and D, by exposing his upper half of his body.

However, the Defendant’s sexual desire is “C”.