The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

With respect to the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes by misunderstanding the substance of the grounds for appeal, the defendant stolen the cell phone owned by the victim and then confirmed the sexually related video stored in the cell phone and transmitted the sexually related video with the contact information stored in the cell phone. It is clear that the distribution itself of the video is against the will of the person subject to the recording.

In addition, the video of this case is highly likely to have been marked without the consent of the person subject to the recording in light of the shooting distance, angle, and harmony of the video of this case.

Where the photographing itself does not go against the will of the person.

Even if the film is distributed later against his will, it can be punished under Article 14(2) of the Act on Special Cases Concerning the Punishment of Sexual Crimes. Thus, the judgment of the court below which acquitted the video of this case on the ground that it is unclear whether the video of this case was taken against the will of the person subject to filming, is erroneous in the misapprehension of facts and the misapprehension of legal principles.

The sentencing of the court below (one year of imprisonment with prison labor for four months and one year of suspended execution) is too unhued and unfair.

Before the judgment on the grounds for appeal by the defendant's ex officio, the prosecutor deleted all the facts charged and the facts charged at the trial at the time, and "the defendant found sexual dynamic images with I stored in the defendant's cell phone located in the defendant's cell phone located in Jung-gu Seoul, Seoul, about September 4, 2016, and distributed samples taken by the defendant against the above I, by sending them in writing to 38 telephone numbers judged as women among the contact information stored in the above mobile phone, which could cause sexual humiliation or shame against the above I's will.

Article 330 of the Criminal Act; Article 14(2) and (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; Articles 37 and 38 of the Criminal Act; Articles 37 and 38 of the Criminal Act; Special Cases Concerning the Punishment, etc. of Sexual Crimes.