A. Defendant 1) The Defendant was trying to photograph the victim’s face while refusing to take the victim’s face, and the victim did not have the intent to take the victim’s body against the victim’s will.

2) The punishment sentenced by the lower court to the Defendant (an amount of KRW 5 million) is too unreasonable.

B. According to the evidence submitted by the prosecutor, the following facts can be sufficiently acknowledged: (a) rape and attempted rape among the facts charged in the instant case (hereinafter “instant charges”).

Nevertheless, the lower court rejected the credibility of the victim’s statement and found the Defendant not guilty of this part of the charges. In so doing, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment

2. Determination

A. As to the Defendant’s assertion 1), the lower court also asserted the same purport as the grounds for appeal in this part.

The lower court rejected the Defendant’s assertion on the following grounds: (a) under the title of “determination on the Defendant and his defense counsel’s assertion”; (b) determined that the Defendant had a criminal intent to photograph the victim’s body against the victim’s will, in light of the circumstances acknowledged by the adopted evidence.”

In light of 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 affecting the judgment by misunderstanding the facts.

Therefore, this part of the defendant's argument is without merit.

2) A favorable circumstance is that the defendant has no record of punishment for the same kind of crime with regard to the illegal sentencing.

However, the crime of this case was taken against the victim's will that may cause a sense of sexual shame, and the nature of the crime is somewhat weak.