The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts or misapprehension of legal principles, at the time when the Defendant sent text messages like the instant facts charged via E, the Defendant did not have the intent to arouse or satisfy his or another person’s sexual desire, and cannot be deemed to have caused sexual humiliation or aversion.

B. The sentence of the lower court’s unfair sentencing (one million won in punishment, and 40 hours in order to complete a sexual assault treatment program) is too unreasonable.

2. Judgment on the misapprehension of the legal principle or mistake of facts

A. Article 13 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes provides for the punishment of “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 (hereinafter “a picture, etc.”) by telephone, mail, computer, or other means of communication with intent to arouse or satisfy his/her or another person’s sexual desire.”

The crime of obscenity using communications media under Article 13 of the same Act is to guarantee “the right not to contact pictures, etc. that cause a sense of sexual humiliation contrary to the right to sexual self-determination against an individual’s will” and to protect the right to sexual self-determination, the protection of general personal rights, and the establishment of sound sexual morals in society.

Whether “the purpose of inducing or meeting his/her or another person’s sexual desire” is to be determined reasonably in light of social norms by taking into account various circumstances, such as the relationship between the defendant and the victim, motive and background of the act, means and method of the act, details and form of the act, nature and scope of the other party, etc.

In addition, the "act that causes a sense of sexual humiliation or aversion" has the victim feel a sense of shame or insult as a human being beyond the mere sense of sexual humiliation or displeasure, or cause the victim to feel a sense of shame or insult as a human being.