The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The sentence imposed by the Defendant (unfair punishment) on the Defendant (10 months of imprisonment, 40 hours of order to complete a sexual assault treatment program, confiscation) is too unreasonable.

B. The summary of the grounds for appeal by the prosecutor 1) misunderstanding of facts and misunderstanding of legal principles (as to the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) ] can be deemed to have existed “in order to arouse or satisfy one’s own or another person’s sexual desire.” Nevertheless, the court below erred in the misapprehension of legal principles as to the Defendant’s determination of not guilty of this part of the facts charged on the ground that it is insufficient to deem that the above purpose was established, and there was an error of law by misapprehending the legal principles. 2) The sentence imposed by the court below on the Defendant (at least 10 months of imprisonment, 40 hours of

2. Judgment on the prosecutor's misconception of facts and misapprehension of legal principles

A. Article 13 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes provides that “a person who sends another person any words, sounds, letters, pictures, images, or other things that may cause a sense of sexual shame or aversion (hereinafter “a picture, etc.”) by telephone, mail, computer, or other means of communication with intent to arouse or satisfy his/her own or another person’s sexual desire.”

The crime of obscenity using a communications medium under Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is to guarantee “the right not to contact the pictures, etc. that cause a sense of sexual shame against the individual’s will” and to protect sexual self-determination and general personal rights, and to establish a sound sexual morals in society.

c) cause one’s own or another’s sexual desire.