The prosecutor's appeal is dismissed.

1. The summary of the facts charged is that the Defendant is a person who engages in real estate business as a person who is the victim C (n, 41 years of age) and one time at a business golf course before five years of age.

At around 13:36 on May 23, 201, the Defendant sent to the victim, who is the other party, a written photograph of the female who has sexual intercourse with the victim's cell phone (F) that may cause sexual humiliation or aversion with a view to inducing or satisfaction of sexual humiliation in the common sense house where it is impossible to identify the name of the D located in Mangdong-gu, Mangnsan-si, Goyang-si, for the purpose of inducing or satisfaction of sexual humiliation.

2. The summary of the grounds of appeal is that the victim was sent a text message to C with obscene pictures and text messages as stated in the facts charged in this case, although it is recognized that the defendant sent a text message to C for the purpose of inducing or meeting his own or another person's sexual desire, the court below acquitted the defendant of the facts charged in this case by mistake of facts, in light of the following: (a) the victim sent obscene photographs to the victim and stated that the sender was aware that the sender was the defendant; and (b) the witness H sent a obscene photograph to the communication company by requesting that the sender was the defendant; and (c) the defendant stated that the defendant had previously sent a obscene photograph to the former mobile phone; and (d) the defendant sent a text message to the latter with obscene pictures

3. Determination

A. The judgment of the court below is acknowledged that the victim received text messages to attach obscene pictures sent from the Defendant’s mobile phone, but it is insufficient to acknowledge that the defendant sent the above text messages to the victim for the purpose of inducing or meeting his/her own or another person’s sexual desire, and there is no other evidence to acknowledge it. Rather, the defendant is simple at the time.