The judgment of the court below is reversed.

Defendant shall be punished by a fine of seven million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant thought that misunderstanding of facts and misunderstanding of legal principles [the charge of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media)] did not receive any photograph and text message (hereinafter “instant message, etc.”) as stated in paragraph (1) of the facts charged.

Therefore, the Defendant did not have any awareness and intent that the message, etc. of this case would have reached the victim.

In addition, there was no purpose to arouse or satisfy the defendant's sexual desire.

B. The lower court’s sentence of unreasonable sentencing (4 months of imprisonment and 40 hours of order to complete sexual assault treatment programs) is too unreasonable.

2. Determination

A. Article 13 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes 1 of the Act on the Punishment, etc. of Sexual Crimes provides “a picture, etc. that causes a sexual humiliation or aversion” through telephone, mail, computer or other means of communication with intent to arouse or satisfy his/her own or another person’s sexual desire” (hereinafter referred to as “a picture, etc. that causes a sexual humiliation.”

The punishment for “a person who has reached the other party” is to guarantee “a right not to contact the pictures, etc. that cause a sense of sexual shame against the individual’s will,” which is to protect the 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 one’s own or another’s sexual desire” is to be determined reasonably in light of social norms by comprehensively 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.