The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a period of five months.

However, the period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The lower court’s punishment (five months of imprisonment, 40 hours of completing the sexual assault treatment program) is too unreasonable.

B. Prosecutor 1) misunderstanding the facts as to the acquittal portion of the lower judgment or misunderstanding the legal doctrine by phone, etc. on two occasions, and again called the victim, and it is difficult to confirm the Defendant’s words.

Even in light of the fact that the victim, who received the above phone from the Defendant, caused a sense of sexual humiliation or aversion, by itself, and the victim demanded the discontinuance of the said act, etc., the victim can be inferred to have caused sexual humiliation or aversion by the Defendant’s telephone.

Nevertheless, the court below erred by misunderstanding the facts or misunderstanding the legal principles that found innocence on this part of the facts charged.

2) The sentence of the lower court’s improper sentencing is too unhued and unreasonable.

2. On February 26, 2016, the judgment of the court below on the assertion of misunderstanding of facts or misunderstanding of legal principles 1) The summary of the public prosecutor’s room was expressed by the Defendant that the victim C (one person) could not be identified together with the television sound of the telecom in the telecom with the phone call at around 01:52, 2016.

After all, the Defendant reached the other party the words, sounds, which may cause a sense of sexual humiliation or aversion by telephone, with the intention to arouse or satisfy his or another person's sexual desire.

2) The lower court’s determination is an offense constituted by Article 13 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes by reaching the other party the words, sounds, etc. that may cause a sense of sexual shame or aversion through telephone or other communications media with intent to arouse or satisfy the sexual desire, and such sound, etc. may cause sexual humiliation or sexual aversion. According to this part of the charges, the sound that the Defendant sent to the victim is “TV sound”.