The judgment below

The part of the case of the defendant is reversed.

The defendant shall be punished by imprisonment with prison labor for a year.

1. The court below rendered a judgment dismissing the prosecutor’s request regarding the part of the case of the defendant, and regarding the case of the case of the case of the attachment order, notwithstanding Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, Etc., the part of the case of the attachment order claim as the defendant appealed only to that effect, and thus, the court below excluded the part of the case from the scope of the judgment of this court.

2. Summary of reasons for appeal;

A. The Defendant’s act of misunderstanding the facts and of intimidation is merely merely a requirement to constitute a forced indecent act, and cannot be deemed as a teacher of a forced indecent act, and the Defendant had the intent to commit an indecent act at the time of intimidation.

It is difficult to see that there has been an agreement to send obscene videos between the Defendant and the victim. As such, taking the aforementioned videos does not constitute a forced indecent act that may cause sexual humiliation.

In addition, it cannot be deemed that the video requested by the victim is limited to the victim's self-defense.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby convicting this part of the facts charged.

B. The sentence of the lower court’s improper sentencing is too unreasonable.

3. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

The main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352), effective July 17, 2018, where a court pronounces a punishment for a sex offense against a child or juvenile or a sex offense against an adult (hereinafter referred to as "sex offense") (excluding a person who has been sentenced to a fine pursuant to Article 11(5)), shall be prescribed by the said Act for a certain period from the date on which the execution of all or part of the sentence is terminated or suspended or exempted (where a fine is sentenced, the date on which the sentence becomes final).