Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

A. The defendant cannot be said to have taken the body of a person who may cause sexual humiliation or sense of shame.

B. The sentence imposed by the lower court (the fine of KRW 9 million, the completion of a sexual assault treatment program, and the employment restrictions on welfare facilities for children and juveniles, three years in welfare facilities for the disabled) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, which punishs the act of photographing another person’s body against his/her will, using a camera or other similar device, is aimed at protecting the victim’s sexual freedom and without permission. Therefore, whether the photographed body constitutes “the body of another person, which may cause sexual humiliation or shame” should be objectively determined by taking into account whether the body of the victim may cause sexual humiliation or shame from the standpoint of the general and average person in the same gender and age group, such as the victim’s clothes, degree of exposure, etc., as well as the circumstances leading up to the photographer’s intent, place of filming, distance from the photograph taken, image of the photographed original board, and whether the body part of the victim’s body was revealed, and it is reasonable to view that the Defendant’s body and body of another person lawfully adopted and decided by taking into account the following facts and evidence (see, e.g., Supreme Court Decision 2008Do7208).

. mistake of facts by the defendant.