The prosecutor's appeal is dismissed.

1. As to the primary facts charged in the instant case, the lower court rendered a judgment of not guilty and a judgment of dismissing a public prosecution as to the ancillary facts charged, and only the prosecutor appealed on the ground that the lower court erred by misapprehending the facts as to the part not guilty among the lower judgment.

Therefore, since the defendant and the prosecutor's rejection part of the public prosecution which did not appeal is separate and finalized depending on the expiration of the appeal period, the court shall decide only on the acquittal part of the judgment below.

2. The court below acquitted the Defendant on the grounds of appeal, even though the Defendant called the victim first and made a 27 minute call, and the victim expressed that the victim had caused severe sexual humiliations over 10 times repeatedly, such as the primary facts charged, and the Defendant’s speech is sufficient to cause sexual humiliation or aversion in light of social norms, and thus, acquitted the Defendant.

3. On the other hand, as the court below explained, the defendant argued that he had the intent to arouse or satisfy his own or another person's sexual desire because he had expressed the victim's abusive speech, such as the primary charge, which is disputed by telephone conversations from the issue of foreign material in the food delivered by the injured person.

Therefore, the prosecutor's assertion of mistake is without merit.

4. The appeal by the Prosecutor is dismissed. It is so decided as per Disposition.