The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal had a purpose to arouse or satisfy his sexual desire.

2. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, the prosecutor applied for changes in the indictment with the content that the prosecutor changed the facts charged at the trial of the party (the “the sexual desire part” to “the person’s or another person’s sexual desire”) as follows, and the subject of the judgment by this court was changed by permission. Thus, the judgment of the court below was no longer maintained.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows after pleading.

[Judgment] Around April 30, 2016, the Defendant sent an e-mail accompanied by a photograph of sexual intercourse to the e-mail account commonly used by employees of the Seongdong-gu D apartment management office at his own house located in Gangdong-gu Seoul Metropolitan Government, including the victim C (49 years old), at his own house located in Gangdong-gu, Seoul.

Accordingly, the Defendant reached a photograph that causes a sense of sexual shame through communication media with a view to inducing or satisfying his or another person's sexual desire.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. e-mail closure screen;

1. Application of Acts and subordinate statutes on a petition;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are the first offender who has no previous criminal record, and all other sentencing conditions specified in the arguments of this case, such as the age, sex, and environment of the defendant.