The judgment of the court below is reversed.

The defendant shall be innocent.

1. The summary of the grounds for appeal (the factual errors and misapprehension of the legal principles) is erroneous in misapprehending the facts or misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment, even though the Defendant and the victim were related to the victim at the time of the time indicated in the instant facts charged, and the Defendant did not have an intent to arouse or satisfy sexual humiliation.

2. The facts charged in this case and the judgment of the court below

A. The Defendant was aware of the facts charged in the instant case in the course of running a cafeteria with the victim C (V, 53 years old) and a restaurant.

Around 18:20 on October 16, 2013, the Defendant sent two copies of the victim’s b body photograph (hereinafter “instant photograph”) to the victim with another person, along with the victim’s sexual intercourse, at a park where the name of the Songpa-gu Seoul Metropolitan Government Pungdong is unknown. The Defendant sent two copies of the victim’s b body photograph (hereinafter “instant photograph”).

As a result, the Defendant reached the other party that may cause sexual humiliation or aversion through the communication media with a view to inducing or satisfying his or another person's sexual desire.

B. On the judgment of the court below, even if the defendant assumed that he had a relationship of internal connection with the victim at the time, the court below requested the victim to transmit the above pictures in light of D dialogues exchanged with the photograph at the time of transmission of the instant pictures, etc.

The court below found the defendant guilty of the facts charged of this case on the ground that it was sufficient to recognize that the defendant reached a forest that causes sexual humiliation and aversion with the intent to arouse or satisfy his sexual desire.

3. Judgment of the court below

(a) obscenity using communications media under Article 13 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes;