The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal did not prove that the defendant sent the instant pictures at the request of an anonymous other party that had been engaged in dumping at a dumping site, and as long as the defendant sent the above pictures to damaged women at night, the crime should be established. However, the court below acquitted the defendant by misunderstanding the facts.

2. On January 14, 2015, at around 00:21, the Defendant, at the Defendant’s house located in Songpa-gu Seoul Metropolitan Government, taken his sexual organ into a mobile phone camera with an intent to satisfy his/her own sexual desire, and sent such photograph to the victim by sending it to the victim’s mobile phone text messages using the Defendant’s mobile phone text messages.

3. The lower court found the Defendant not guilty on the grounds as delineated below. A.

An obscene act using a communications medium subject to punishment under Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes shall not only cause a sense of sexual shame to the other party, but also be punished only when the sender “for the purpose of inducing or meeting his/her own or the other person’s sexual desire.”

In addition, the issue of whether such purpose exists shall be separately determined by comprehensively taking into account various circumstances, such as the motive for sending video images, the situation before and after it, the relationship between the defendant and the victim, the motive and circumstance of the act, the method and manner of the act

B. According to the records, it is recognized that the Defendant sent a sex photograph (hereinafter “the instant photograph”) of the Defendant, which could cause a sense of sexual shame to the other party, to D as a mobile phone text message.

However, the evidence presented by the prosecutor alone shows his own or another person's sexual desire at the time of sending the photograph of this case.