The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

The defendant is a sexual assault treatment program.

1. The gist of the grounds for appeal is that it is too unfasible that the sentence of the court below (a punishment of imprisonment for eight months, two years of suspended execution, community service, 120 hours, 40 hours of an order to attend sexual assault treatment programs, confiscation) is too unfasible.

2. It is recognized that the judgment of the defendant recognized the crime of this case and reflects it, and that the video taken in this case did not actually be disseminated.

However, the crime of this case is committed by the victim following the death of the victim, and the victim threatened the victim as if the victim spreads dynamic images which were taken without the victim's delivery, and thus, the nature of the crime and the criminal situation are bad, the defendant did not agree with the victim or did not receive a letter, and the defendant found sexual dynamic images stored in the main cell phone and spread them on the Internet.

In light of the fact that not only had been punished for a fine of KRW 3 million in the year 2006 as a crime demanding a sexual relationship by intimidation on a mobile phone operator, but also had the records of punishment several times for a crime that has been punished for a different type of crime, and other factors of sentencing as shown in the records and arguments of this case, such as the defendant's age, environment, the background and motive leading up to the crime of this case, the method and motive leading up to the crime of this case, and the circumstances after the crime, it is recognized that the sentence of the court below

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is decided as follows through a new theory of change.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning the crime, Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes (a photographed using camera, etc.), Article 283(1) of the Criminal Act, and the choice of imprisonment with prison labor;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes.