The judgment of the court below is reversed, and the case is remanded to the Gwangju District Court Panel Division.

The grounds of appeal are examined.

1. As to the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Sexual Crimes Punishment Act”) (hereinafter “Assault Punishment Act”).

A. Article 14(2) of the Sexual Violence Punishment Act provides that a person who distributes, sells, leases, provides, or openly displays or shows films against his/her will, if taken pictures do not go against the will of the person subject to taking pictures at the time of taking pictures, using a camera or any other similar device.

Here, “distribution” refers to granting free of charge to many and unspecified persons, and if a person has an intention to distribute to many and unspecified persons by continuously and repeatedly delivering it, delivery to a certain number of persons or a minority may also constitute distribution.

Meanwhile, “providing” enumerated separately from “distribution” refers to offering free of charge that does not reach the “distribution”, and offering free of charge to a specific person or minority without intent to “distribution” constitutes “providing.”

B. Review of the reasoning of the lower judgment and the evidence duly admitted reveals the following facts.

(1) Around January 2015, the Defendant, with the consent of the victim, taken a sexually related dynamic image, brhographic photo, etc. with the victim as his/her cell phone with the victim’s blood relationship.

(2) On November 27, 2015, the Defendant heard from the victim who returned home at night the horses that he was in the telecom with E, and disputed with the victim, and then sent part of the video and bale photograph of E (hereinafter “the photograph of this case”) along with the Defendant’s oral statement that he would become a female victim and that he would talk with the victim at night. In the next day, he sent the video and bale photograph of E (hereinafter “the photograph of this case”).

(3) Since 2013, E deals with the victim.