The judgment below is reversed, and the case is remanded to the Seoul Eastern District Court.

The grounds of appeal are examined.

1. The summary of the facts charged was known to the Defendant while running a restaurant with the victim. On October 16, 2013, at around 18:20, the Defendant sent two copies of the victim’s b body pictures (hereinafter “the instant pictures”) to the victim with another person along with the victim’s sexual intercourse with the victim, using mobile phone D sens.

As a result, the Defendant reached the other party that may cause a sense of sexual humiliation or aversion through the communication media with a view to inducing or satisfying his own sexual desire.

2. The lower court determined that the Defendant had a purpose to cause sexual humiliation or aversion or to arouse or satisfy the victim’s sexual desire by using the evidence submitted by the prosecutor on the following grounds.

The judgment of the first instance, which found the Defendant guilty on the grounds that there is insufficient evidence to acknowledge otherwise, reversed the judgment, and acquitted the Defendant.

A. It is difficult to believe the victim’s statement that the Defendant sent the instant pictures to threaten himself/herself, or that he/she saw sexual humiliation by the instant pictures.

B. The Defendant did not directly transmit the images of the pictures to the victim using the instant Mesens as at the date stated in the facts charged, but rather linked the Internet address with which his pictures were stored to E Mesens where his pictures were stored.

(c)

The defendant has maintained sexual intercourse with the victim for a considerable period of time, and the photograph of the victim, including the photograph of this case, seems not to have been taken against the victim's will.

(d)

At the time of the instant case, it cannot be deemed that the relationship between the Defendant and the victim was broken down, and there was the intent of the Defendant to threaten the victim by using the instant pictures.

recognized.