The defendant shall be innocent.

1. Summary of the facts charged

A. On October 20, 2017, the Defendant: (a) discovered a copy of E’s b body photographic photo and a copy of a female’s non-name-based sound photograph, which were stored in the aforementioned D’s cell phone using the cell phone in the name of D living together, in the residence located in Gangdong-gu Seoul Metropolitan Government (hereinafter “B building C”); (b) discovered a copy of E’s b body photograph and a copy of E’s non-name-based sound photograph, and sent the above E with a text message.

As a result, the Defendant reached the other party that may cause a sense of sexual humiliation or aversion through the communication media with a view to inducing or satisfying his own sexual desire.

B. Around November 2017, the Defendant sent a copy of the E’s balone photo taken by using the cell phone in the name of D living together with the victim, which was stored in the said D’s cell phone at the time of his/her residence, and sent a text message to his/her wife.

As a result, the Defendant reached the other party that may cause a sense of sexual humiliation or aversion through the communication media with a view to inducing or satisfying his own sexual desire.

2. Determination

A. Article 13 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes provides that “a person who sends another person any words, sounds, letters, pictures, images, or other things that may cause a sense of sexual shame or aversion by telephone, mail, computer, or other means of communication with intent to arouse or satisfy his/her own or another person’s sexual desire.” Thus, in order for the crime to be established, “the purpose of causing or meeting his/her pictures, images, etc. that may cause a sense of sexual shame or aversion is required” as well as “the purpose of causing or meeting his/her own or another person’s sexual desire.”

B. The following circumstances acknowledged by the evidence duly adopted and examined by this Court, namely, the Defendant was in a de facto marital relationship with D, and on October 20, 2017.