The defendant's appeal is dismissed.

1. The lower court rendered a judgment dismissing a public prosecution against intimidation among the facts charged in the instant case, and sentenced the Defendant to the charge of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Kameras, etc.) (hereinafter “the Act”), which is the remainder of the facts charged, convicted the Defendant. The only Defendant filed an appeal against the conviction portion, and both the Defendant and the Prosecutor did not appeal against the dismissal portion of the public prosecution.

If so, the dismissal part of the above prosecution is separated and confirmed as it is, the scope of this court's judgment is limited to the conviction part of the judgment below.

2. Summary of reasons for appeal;

A. The Defendant is merely transmitting C’s photographic file to C’s mobile phone, and the Defendant did not transmit C’s photographic file to D’s mobile phone, such as as indicated in the facts charged.

Nevertheless, the judgment of the court below which found the defendant guilty of this part of the facts charged is erroneous by mistake.

B. Even if the sentencing is found guilty against the defendant, the sentence of the lower court (1.5 million won in punishment, and 40 hours in completion of sexual assault treatment programs) is too unreasonable.

3. Determination

A. The following circumstances can be acknowledged in light of the evidence and arguments duly adopted and examined by the court below's judgment as to the assertion of mistake of facts, and ① the defendant acknowledged the facts charged at the trial date of the court below, ② the defendant sent the photograph of the police officer's "whether the police officer sent a photograph of Da before Do" at the time when he was investigated by the police.

At that time, C was living together with C, but C was able to make a payment between D and Jeju-do trip, and her husband was also her husband, and D was able to take a call.

The answer "(14,15 pages of evidence records)" (14, 15 pages of evidence records) and 3 D are examined at an investigative agency for three times.