The judgment of the court below is reversed.

Defendant shall be punished by a fine of two million won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds of appeal (misunderstanding of facts) is sufficiently recognized that the Defendant sent video images that may cause sexual humiliation or aversion to the victim by using the DNA message as stated in the instant facts charged.

Nevertheless, the lower court found the Defendant not guilty of this part of the facts charged erred by misapprehending the facts.

2. Determination

A. The summary of the facts charged is that the Defendant came to know at the victim B (n, 76 years of age) and C’C meetings.

On February 18, 2018, the Defendant sent a video image (hereinafter “the video of this case”) to the victim, using D message, with a view to meeting his sexual desire at a non-permanent place. The Defendant sent the video image (hereinafter “the video of this case”).

Accordingly, the Defendant sent to the victim images that may cause a sense of sexual humiliation or aversion using DNA messages with a view to inducing or meeting his or another person's sexual desire.

B. The lower court determined that the Defendant sent the instant videos to F and G, each of which was sent with health awareness, entertainment materials, etc. through Pyeongtaek around February 18, 2018, and around 14:41 of the same day and around 15:12 of the same day, the Defendant sent the instant videos to F and G, who were sent the instant videos to D, and immediately thereafter, transmitted the instant videos to the victim at around 15:12 of the same day; ② the Defendant sent the instant videos to the victim via D message, ② during the process of transmission of the motion pictures received through D message to another person, the Defendant mainly used the method of sending the motion pictures by selecting a new subject to sharing, among others. According to the evidence No. 2 of the Defendant’s proposal, according to the fact that the Defendant intended to transmit the instant videos to the victim’s name, the Defendant was the first victim’s name.