The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. It is true that a photograph recorded in the facts charged has been transmitted from the victim's cell phone to the victim's cell phone.

However, there is no fact that the defendant transmitted it, and the defendant as the defendant sent photographs using the mobile phone of the defendant to another person, or it is inferred that the photographs of the actual number were transmitted to the defendant without the intention of the defendant.

Nevertheless, the judgment of the court below which found the defendant guilty is erroneous and erroneous.

B. The sentence of the lower court (2 million won or more, and order to complete a program) which is unfair in sentencing is too unreasonable.

2. Determination

A. In full view of the following facts and circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the Defendant was found to have transmitted photographs recorded in the facts charged to the victim. Therefore, the lower court did not err by misapprehending the facts in the lower judgment.

1) Although the Defendant alleged that he was using a method to transmit text messages to mobile phones, it was possible to verify other persons’ text messages, and the Defendant was aware of the basic method of use, such as storing another person’s telephone number along with his name (name) or deleting a specific telephone number. The Defendant was aware of the basic method of use.

2) It is evident that a victim’s cell phone has been transmitted from the defendant’s cell phone to the victim’s cell phone.

Under these circumstances, the defendant does not disclose all the detailed transmission process to the extent that he can confirm the authenticity of his photograph, because he makes another person transmit his photograph by using his mobile phone or that the defendant sent his photograph by using his cell phone.

At ordinary times, the defendant's cell phone was used by another person, and the specific process of transmitting pictures through cellular phone is not only mentioned.