The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the summary of the grounds for appeal (4 million won of a fine) is too unreasonable.

2. The judgment is that the Defendant sent the victim’s video images with male and female gender-related sexual intercourse twice, and the crime is not good, and the fact that the Defendant did not reach an agreement with the victim is disadvantageous.

However, comprehensively taking account of the Defendant’s age, character and conduct, environment, motive and background of the crime, means and method of the crime, circumstances after the crime, etc., the lower court’s punishment is somewhat unreasonable, and thus, the Defendant’s above assertion is reasonable. In so doing, it is reasonable to deem that the Defendant’s punishment is somewhat unreasonable.

3. Thus, the defendant's appeal is reasonable, and it is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines for Crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. According to Article 42(1) of the Criminal Procedure Act, Article 334(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes provides that a person who is sentenced to a fine for a crime referred to in

The age, criminal record, family environment, social relationship, details and motive of the crime, and the method of the crime.