The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Sexual assault treatment for 40 hours against the defendant.

1. Summary of the grounds for appeal (misunderstanding of facts, misunderstanding of legal principles, mental or physical weakness, and improper sentencing)

A. Fact-misunderstanding 1-A of the facts charged No. 1-A. A. The Defendant sent the victim e-mail to the effect that “the victim was narcotics for ten years prior to criminal punishment due to a crime of violating the Narcotics Control Act (comforcing) on May 13, 2015,” and the said content is not false.

In addition, the defendant sent the above e-mail in order to point out the purchase and sale of the G Products by the victim, so there was no intention of defamation.

2) The Defendant and the victim are not the victim, but the victim, who photographs the sex of the instant case at the location of the Defendant and the victim.

B) The Defendant did not transmit a video file recording the victim’s sexual intercourse with the victim’s sexual intercourse to the victim’s friendship N.

B. Legal misunderstanding of the legal doctrine (related to Paragraph 1-b. of the facts charged) received text messages from the Defendant is between the victim’s head of the workplace higher group and the victim’s friendly relationship, and thus, performance cannot be recognized as not having a possibility of disseminating the above text messages.

(c)

At the time of committing the instant crime, the Defendant had weak mental capacity to discern things or make decisions due to mental illness, such as perjury, depression, etc.

(d)

The punishment sentenced by the court below (the 8th month imprisonment and the 40-hour order of sexual assault treatment program) is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, before being amended by Act No. 15352, Jan. 6, 2018, Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse provides a facility, institution, or place of business under each of the following subparagraphs (hereinafter referred to as “child or juvenile-related institution, etc.”) where a person who was sentenced to a punishment or treatment for a sex offense against a child or juvenile or a sex offense against an adult (hereinafter referred to as “sex offense”).