The judgment below is reversed, and the case is remanded to the Seoul Central District Court.

The grounds of appeal are examined.

1. Of the facts charged in the instant case, the summary of the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Use Screening of Camers, etc.), which is the ancillary charge, “The Defendant, at the beginning of the beginning of 2012, recorded the Defendant’s body of D with the word “F”, and sent it to the Defendant. The Defendant was guilty by applying Article 14(1) and (2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Sexual Crimes Punishment Act”) to the aforementioned facts charged by posting two photographs sent by the Defendant on August 26, 2012, which may cause sexual humiliation to the victim, and by posting two photographs, which may cause sexual humiliation to the victim’s body.” The lower court convicted the Defendant of the aforementioned charges by applying Article 14(1) and (2) of the Punishment of Sexual Crimes Act (hereinafter “Sexual Crimes”).

2. A. In light of the language and text that the photographing materials of Article 14(2) of the Punishment of Sexual Violence Act refer to the photographing materials of another person who is subject to the photographing of “other person” and the body is clear, it is interpreted that it is included in the photographing materials of a person’s body up to the photographing materials of the person’s body, beyond the ordinary meaning of the language and text (see Supreme Court Decision 2015Do16953, Dec. 24, 2015). (b) According to the records, D’s recording was sent to the Defendant’s cell phone by using a camera attached to the cell phone around early 2012 in which the words “F” were inscribed, and then the pictures (hereinafter “the instant pictures”) were sent to the Defendant’s cell phone after being transmitted to the Defendant’s cell phone after being displayed by the Defendant’s cell phone, which was connected to the instant pictures, around August 26, 2012.