The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. The summary of the grounds for appeal (e.g., 1 million won of fine and 24 hours of completion of sexual assault treatment programs) of the lower court is too unreasonable.

2. We examine ex officio prior to determining the Defendant’s assertion of unreasonable sentencing.

In order to establish the crime of obscenity using a communications medium as provided in Article 13 of the Act on the Punishment, etc. of Sexual Crimes, it should be recognized that the defendant had "purposes to arouse or satisfy his/her own or another person's sexual desire".

In the case of this case, although the fact that the defendant made a speech to the Dasan Center counselor as stated in the facts charged is recognized, in light of the circumstances surrounding the statement of such speech, the context before, after, and after, the entire monetary content, etc., it is difficult to deem that the defendant made a indecent expression in the process of expressing complaints in the currency with the counselor, and that there was a purpose of inducing or meeting the defendant's own or other person's sexual desire, and there is no other evidence to acknowledge it.

3. According to the conclusion, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act, without examining the grounds for appeal by the defendant, since the facts charged in this case constitute a case where there is no proof of crime.

【Discretionary Judgment】

1. The summary of the facts charged is that the Defendant is prohibited from reaching the other party any words, sounds, letters, pictures, images, or other things that may cause a sense of sexual humiliation or aversion through telephone, mail, computer, or other means of communication with intent to arouse or satisfy his/her own sexual desire. On November 4, 2014, when the victim B (35 years of age, female) is a counselor around 03:15 on November 4, 2014, the victim was a cell phone phone phoneed to Dongdaemun-ro 28-ro 23, Dongdaemun-gu Seoul Metropolitan Government, where the victim B (35 years of age, female) is a counselor, and the victim was a victim of the counseling with respect to the water leakage in the area of the order of Gangwon-do.