The physical part of the victim taken by the defendant may cause sexual humiliation or shame.

Judgment

For the reasons indicated in its holding, the lower court acquitted the victim on the ground that the physical part of the victim taken by the defendant cannot be deemed as the body of another person who could cause sexual humiliation or shame from the perspective of the general and average person of the same gender and age group as the victim.

According to the records, the above judgment of the court below is just, and there is no error of misconception of facts as argued by the prosecutor.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.