The judgment of the court below is reversed.

The accused shall disclose the summary of the judgment of innocence.

1. Summary of grounds for appeal;

A. Although it was true that the Defendant sent the victim the same message as stated in the facts charged in the instant case, the above message was not sent in a sexual sense, but did not aim to arouse or satisfy the Defendant’s sexual desire.

(b) Sentencing (a fine of two million won is imposed);

2. Judgment on misconception of facts or misapprehension of legal principles

가. 공소사실 피고인은 2019. 1. 18. 02:28경 피고인의 주거지인 양주시 B, C호에서 피고인의 컴퓨터를 이용하여 온라인게임 'D'에 ID 'E‘으로 접속하여 게임을 하던 중, 게임 내 채팅창을 이용하여 같은 게임을 하던 피해자 F(여, 28세, ID: G)에게 “박아주게”, “썅1년”, “지렸어”라는 메시지를 전송하였다.

As a result, the Defendant sent to the victim a letter that may cause sexual humiliation or aversion through a computer, which is a communication medium, with a view to inducing or satisfying his or another person's sexual desire.

B. The lower court found the Defendant guilty of all the charges on the grounds that it is recognized that the Defendant sent the message to obtain his psychological satisfaction by giving a sense of sexual humiliation, such as sexual humiliation or harrassment, etc. of the victim, on the grounds that it is recognized that the Defendant sent the message.

C. Article 13 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Etc. of Sexual Crimes (hereinafter “crime of obscenity using a telecommunications medium”) provides for “the right not to contact the pictures, etc. that cause a sense of sexual humiliation contrary to the right to sexual self-determination against an individual’s will” to protect the right to sexual self-determination, the protection of general personal rights, and the establishment of a sound sexual morals

Whether “the purpose is to induce or satisfy one’s own or another’s sexual desire” is the relationship between the defendant and the victim, the motive and background of the act, and the means and method of the act.