The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant acknowledged the fact that the Defendant sent letters to the victim as shown in the annexed crime List No. 1, but, as a result, the victimized person was suffering from a sense of sexual humiliation or aversion.

Although it is difficult to see otherwise, the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

The argument is asserted.

B. The prosecutor asserts that the punishment imposed by the court below (one million won in penalty, and twenty-four hours in completion of sexual assault treatment programs) is too unhutiled and unfair.

2. Ex officio determination

가. 공소장 변경 검사가 당 심에서 공소사실 중 “ 피고인은 2013. 11. 11. 09:03 경 진주시 D에 있는 자신의 집에서 성적 욕망을 유발하거나 만족시킬 목적으로, 자신의 휴대전화 (E )를 이용하여 피해자 C의 휴대전화 (F) 로 " 응 오빠도 고추 시려 ㅠ" 라는 내용의 문자 메시지를 전송한 것을 비롯하여 그때부터 2014. 2. 6. 20:00 경까지 별지 1 범죄 일람표와 같이 모두 63회에 걸쳐 성적 수치심이나 혐오감을 일으키는 내용의 문자 메시지를 전송하여 피해자에게 도달하게 하였다.

“Around February 6, 2014, the Defendant sent a text message containing “(E) a victim’s cell phone (FX)” to “for the purpose of inducing or meeting the sexual desire at the Defendant’s home located in J on February 6, 2014, the Defendant sent from January 11, 2014 to the victim’s cell phone (FX) and sent the victim a text message that may cause sexual humiliation or aversion on 53 occasions, as indicated in the attached Table 2, from January 11, 2014 to 53 occasions.

“Application for Amendments to Bill of Indictment was filed,” and the subject of the adjudication was changed by this court’s permission, and the judgment of the court below was no longer maintained.

(b) violates the prohibition of disadvantage alteration; and