All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts is the Defendant’s transmission of the victim’s photograph, etc. as stated in the facts charged with the victim’s consent while return to the victim, and the victim did not assault the victim, and the victim was unilaterally abused from the victim during the process of cutting off his mobile phone. (2) The sentence of the lower court’s unreasonable sentencing (ten months of imprisonment, two years of suspended execution, one year of probation, one year of sexual assault treatment, and forty hours of attending sexual assault treatment lectures) is too heavy.

B. The Prosecutor’s sentence is too minor.

2. Determination

A. As to the Defendant’s assertion of mistake of facts, considering the following circumstances acknowledged by the lower court comprehensively taking account of the evidence duly admitted and investigated by the lower court, it is deemed that the Defendant transmitted obscene pictures, etc. taken pictures of his sexual organ against the victim’s will rather than transmitting pictures, etc. as stated in the facts charged with the victim’s consent during the process of returning the victim’s death with the victim. This part of the Defendant’s assertion is without merit. (A) A) The victim was affiliated with the Defendant on July 6, 2013, and the Defendant stated that there was no need for the victim’s consent at the time of transmitting his sexual organ.

B) As the victim did not answer the Defendant’s message from July 2013, it is difficult to view that the content of the message sent by the Defendant to the victim is a conversation between the victim and the person who is normally disturbed due to the fact that the content of the message sent by the Defendant was unknown with the victim or why the phone was distorted. C) The Defendant also stated on November 10, 2013 as at the time of the investigation by the police on the relevant case on March 2013.

2. The evidence duly adopted and examined by the court below, in particular, the victim's consistent statements from the investigative agency to the court below, or the statement, injury diagnosis, etc. at D's investigative agency.