The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal states that the Defendant, by telephone, referring the victim to the victim’s sexual intercourse with the victim’s sexual intercourse, and accordingly, the victim made a statement that she may feel sexual humiliation.

In light of the above, although it can be recognized that the defendant had an intent to arouse or satisfy the sexual desire at the time of committing the crime of this case, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of judgment

2. No person who is the summary of the facts charged shall have another person reach the other party any speech that may cause a sense of sexual humiliation or aversion by telephone or other communications media with intent to arouse or satisfy his/her own or another person's sexual desire;

Nevertheless, the Defendant:

1. 2015. 6. 24. 15:48경 피고인의 휴대전화를 이용하여 C 상담센터에 전화를 걸어, D상담원인 피해자 E(가명, 여, 39세)에게 피고인이 F에 올린 글을 왜 삭제했냐면서 따지다가 “씹할년이 지랄해 쌌네, 개같은 년아, 씹할년아, 좆까고 있네, 보지를 찢어 버릴팅게 씹할년아” 등 여성 성기를 지칭하는 말을 하였고,

2. On December 11, 2015, around 11:45, the Defendant’s mobile phone calls to the C Counseling Center using the Defendant’s mobile phone, and the said victim refers to the Defendant’s sexual organ, including “to see see see see it, tearing it, cut off, cut off, cut off, Chewing, and seeing.”

Accordingly, the defendant reached the victim with a view to inducing or satisfying sexual humiliations, which causes sexual humiliation or aversion through telephone.

3. Determination

A. The lower court’s judgment, based on the evidence duly adopted and examined, arbitrarily puts down the text on the Internet search portal site to the victim, who is a telephone counselor, by posting a phone at the C Counseling Center.