The prosecutor's appeal is dismissed.

1. The lower court, among the facts charged in the instant case, convicted the Defendant of the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media).

However, since the prosecutor appealed only the guilty portion of the judgment of the court below on the ground of unreasonable sentencing, and did not appeal the dismissed portion, the dismissed portion of the judgment of the court below is separately determined, and only the remaining guilty portion is subject to the judgment of the court

2. The decision of the court below on the gist of the grounds for appeal (ten months of imprisonment and two years of suspended execution) is deemed to be too unhued and unfair.

3. As a mobile phone with an additional photographing function has become popularized, a sexual crime using it requires severe punishment in society due to frequent occurrence of the crime of sexual assault, defect in the victim's attempt to no longer meet the defendant, the defendant's photograph, such as the victim's sexual father and body photo, and transmission of the victim's body photo to the victim's cellular phone, etc., and the victim's husband and children, and his/her own cell phone, etc. are not very good, and the fact that the victim's and his/her family members appear to have considerable mental impulses, etc. are disadvantageous to the defendant.

However, the circumstances are favorable to the defendant, such as the fact that the defendant is fully aware of the crime and is divided in depth, that the defendant has no criminal records, that there was a smooth agreement with the victim, that the victim does not want the punishment against the defendant, that the defendant is detained for two months in this case, and that the defendant has the time of reflect.

In addition, considering the Defendant’s age, character and conduct, environment, family relationship, health condition, motive and circumstance of the offense, and all the sentencing conditions shown in the records and pleadings, the lower court’s sentence shall be imposed.