All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The sentence of the lower court against the Defendant (unfair sentencing) (a punishment of imprisonment for a period of one year, two years of suspended sentence, protection observation, community service, 120 hours, 80 hours of sexual assault treatment lectures, confiscation) is too unreasonable.

B. As to the fact-misunderstanding and misapprehension of the legal principles on prosecutor (misunderstanding of facts, misapprehension of legal principles, and sentencing) 1, among the facts charged in the instant case, the “provision” under Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes includes the provision to the person subject to filming.

Nevertheless, the court below interpreted the provision of "providing" under the above Act as "providing it to other persons except the persons subject to taking pictures" and sentenced the defendant not guilty. Thus, the court below's judgment erred by misapprehending the legal principles and misunderstanding of facts.

2) The lower court’s sentence against an unfair defendant in sentencing is too unhued and unreasonable.

2. Determination

A. Judgment 1 on the Prosecutor’s misunderstanding of the facts and misapprehension of the legal principles) The Defendant sent the victim’s b body pictures by the same method two times in total from the above day to 21:49 on April 23, 2017, at the Defendant’s residence located in Suwon-si K apartment and 102:302 Dong 302, a mobile phone L, and at the Defendant’s cell phone L on December 30, 2016.

Accordingly, the defendant provided the victim with the body pictures of the victim who could cause sexual humiliation or shame against the victim's will.

2) The lower court’s determination, upon considering the following circumstances, cannot be deemed as “providing” under Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, to transmit photographs to the victim himself/herself who is subject to filming.

In this respect, this part.