The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In the past, the victim of a mistake of fact is a person living together with the defendant, even though he is not a legally married couple, he is married between him, and the defendant's transmission of sexually related video images with the victim was made to the effect that he can breaste the victim who performed the operation of breast extension. In light of the context before and after dialogue, etc., the video or message transmitted by the defendant was derived from the purpose of inducing or meeting his sexual desire, or that the content thereof does not cause a sense of sexual humiliation or aversion.

B. The sentence sentenced by the lower court to the Defendant (an amount of two million won) is too unreasonable.

2. Determination

A. Determination as to the assertion of mistake of facts 1) Article 13 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Sexual Punishment Act”) provides that “A person who has the other party reach the other party with the intent to arouse or satisfy his/her or the other party’s sexual desire, by telephone, mail, computer, or other communications media, “a person who causes sexual humiliation or aversion” (hereinafter “the pictures, etc.”) shall be punished.

The crime of obscenity using the communications media under Article 13 of the Sexual Violence Punishment Act is to guarantee “the right not to contact the pictures, etc. that cause sexual humiliation against the right to sexual self-determination against the individual’s will” and to protect the right to sexual self-determination, the protection of general personal rights, and the establishment of sound sexual morals in society.

Whether “the purpose of inducing or meeting his/her or another person’s sexual desire” is reasonable in light of social norms by taking into account various circumstances, such as the relationship between the Defendant and the victim, motive and background of the act, means and method of the act, content and form of the act, nature and scope of the other party, etc.