The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

except that the ruling shall be made for one year from the date of the final judgment.

1. In light of the purport of the Defendant’s grounds for appeal (unfair form of punishment) is against the Defendant’s mistake, and there is a concern that the Defendant will lose his present workplace due to the instant case, etc., the lower court’s sentence that sentenced Defendant to six months of imprisonment, suspended execution of one year, probation, community service order of 120 hours, and order to complete a sexual assault treatment program of 40 hours is too unreasonable.

2. We examine ex officio prior to the determination of the grounds for appeal.

The offense of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) shall be an offense prescribed in Article 2 (1) 5 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and a sex offense subject to registration under Article 42 (1) of the same Act, subject to disclosure order and notification order under Articles 47 and 49

Nevertheless, the lower court found the Defendant guilty of committing the instant crime of obscene use of the telecommunications media, and omitted judgment on the Defendant’s order of disclosure and notification of personal information, so the lower court’s judgment is no longer maintained.

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal, and the following is again decided as follows.

Criminal facts

The summary of the criminal facts and evidence of the defendant are the same as the entries in each corresponding column of the judgment of the court below. Therefore, all of them are cited in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. The point of obscenity using each telecommunications medium as stated in the relevant Article of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act (see, e.g., Article 62(1) of the Act on the Suspension of Execution (see, e.g., Supreme Court Decision 2009