성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
The prosecutor's appeal is dismissed.
1. In full view of the fact that the video of this case gives a great sexual humiliation to the victim, it is reasonable to view that the video of this case was taken against the victim's will unless the victim gives a clear consent, etc., the fact that the defendant photographs the body of the victim who may cause sexual humiliation or shame against the victim's will can be sufficiently recognized.
2. In light of the circumstances stated in its holding, the lower court acquitted the Defendant of the instant facts charged on the ground that the evidence presented by the prosecutor alone cannot be deemed as having proved without any reasonable doubt that the Defendant taken the victim’s body against his will, and that there is no other evidence to acknowledge it.
Examining the judgment of the court below in comparison with the evidence duly adopted and examined by the court below, the above judgment of the court below is just, and there is no error of law by mistake of facts as alleged by the public prosecutor.
The prosecutor's assertion is without merit.
3. The appeal by the conclusion prosecutor is dismissed.