The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal (ten months of imprisonment, two years of suspended sentence, confiscation, probation, and lecture attendance order 40 hours, three years of restricted employment order) imposed by the court below is deemed to be too uneasy and unfair.

2. Ex officio determination

A. We examine ex officio the violation of Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc., and intimidation under Paragraph (2).

Article 283(3) of the Criminal Act provides that “The crime of Article 283(1) shall not be prosecuted against the express will of the victim.” Article 74(2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (hereinafter “Information and Communications Network Act”) provides that “The crime of Article 74(1)3 shall not be prosecuted against the victim’s will explicitly manifested.”

In other words, both the crime of intimidation and the crime of violation of Article 74-7 (1) 3 of the Information and Communications Network Act and the crime of violation of Article 4-7 (1) 3 of the Information and Communications Network Act are all

The expression of intent in the crime of non-compliance with an intention to punish or withdraw the wishing to punish may be made before the judgment of the court of first instance is rendered.

Article 232(1) and (3) of the Criminal Procedure Act. The absence of a declaration of intention not to punish is a passive litigation condition, and thus constitutes an ex officio investigation, and the appellate court shall ex officio investigate and determine it, even if the parties did not assert it as the grounds for appeal.

(See Supreme Court Decision 200Do3172 Decided April 24, 2001, and Supreme Court Decision 2002Do158 Decided March 15, 2002, etc.). Article 27 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes provides for special cases concerning the appointment of attorneys-at-law on sexual crime victims.

The victim of a sexual crime may appoint a lawyer on his/her own to obtain legal assistance in criminal proceedings (Paragraph 1), and the public prosecutor may appoint a public defender to protect the rights and interests of the victim in criminal proceedings if the victim has no counsel (Paragraph 6).