The prosecutor's appeal is dismissed.

1. Comprehensively taking account of the evidence submitted by the prosecutor to the gist of the grounds for appeal, the judgment of the court below which acquitted the defendant of the facts charged in this case on the ground that "the purpose of inducing or meeting his or another person's sexual desire" was recognized at the time of the act in this case, which affected the conclusion of the judgment

2. In a criminal trial, the burden of proving the facts constituting the crime prosecuted is to be borne by the public prosecutor. The conviction must be based on the evidence of probative value that leads a judge to believe that the facts charged are true beyond a reasonable doubt. If there is no evidence to establish such a degree of conviction, even if there is no doubt as to the defendant's conviction, the defendant's interest should be judged (see, e.g., Supreme Court Decision 99Do4305, Feb. 25, 2000). In full view of the defendant's statement, victim's statement, text message, etc., the court below acknowledged the fact that the defendant sent the victim with a text message of the same content as the facts charged in the instant case. However, in order to establish obscene act using a communication medium, it is necessary to "the purpose to arouse or satisfy his or another person's sexual desire." Examining the above evidence, the court below merely acknowledged that the defendant had a victim's sexual desire or other person's sexual desire from his or her own appearance with the victim.

In light of the records of this case, a thorough examination of the judgment of the court below is legitimate.