All appeals filed by prosecutors and defendants are dismissed.

1. Summary of grounds for appeal;

A. In light of the fact that the defendant's relationship with the victim of mistake of facts was unilateral and the victim was naturally and the victim was not given obscene photographs, the defendant's act of transmitting his sexual photograph to the victim is sufficient to see that it constitutes an act of causing a victim's sexual humiliation. However, the part of the judgment of the court below which found the defendant not guilty is erroneous in misunderstanding of facts that the defendant's consent was obtained from the victim (or that it was thought that the victim's consent was obtained). 2) The sentence of the court below of unfair sentencing (five years of imprisonment with prison labor for a period of three years) is too unreasonable.

B. The lower court’s sentence is too unreasonable.

2. Determination

A. As to the prosecutor’s assertion of mistake of facts, the lower court determined that: (a) the victim stated in the court of the lower court that “the Defendant sent the victim’s secret body pictures several times in a usual, but there was no such demand at the time of the instant case”; (b) the victim’s intent was asked twice to the effect that the Defendant sent his/her secret pictures to the victim before transmission; and (c) the victim sent his/her secret pictures to the victim after hearing the victim’s positive answer from the victim; (d) the victim did not have any response or expressed a sense of aversion; and (d) the victim respondeded to sending or sending his/her old pictures to the victim; and (d) the victim sent the victim the same photo immediately after sending it to the victim; and (e) the victim sent it to the victim, the victim did not have consented to or have consented to the transmission of the victim’s photograph.