A. The judgment of the court below which found the defendant guilty on the ground that it did not go against the victim's will to have taken photographs of the victim's body is erroneous in misconception of facts and misapprehension of legal principles.

B. The lower court’s sentence of unreasonable sentencing (including a fine of four million won, etc.) is too unreasonable.

2. Determination

A. In full view of the following facts and circumstances admitted by the lower court based on the evidence duly admitted and investigated by the lower court regarding the assertion of mistake of facts and misapprehension of legal doctrine, the fact that the Defendant taken the victim’s body against the victim’s will can be sufficiently recognized as recorded in the instant facts charged.

Therefore, the defendant's assertion of mistake and misapprehension of legal principles is without merit.

① 피해자는 수시기관에서 ‘당시 제가 정색을 하며 놀라서 삭제하라고 얘기하였고, 피고인이 알겠다며 휴대폰으로 삭제하는 시늉을 하여 삭제된 줄 알았으나 계속 휴대폰에 보관하다가 결국 피고인의 아내에게 이 사진이 유포되었다’, ‘당연히 피고인에게 삭제 요청을 하였고 삭제한 줄 알았다’는 취지로 진술하였다

(Evidence Records 3, 4 pages) In light of the statements made by the victim, it is not deemed that the victim at the time of the instant case allowed the defendant to photograph his body.

② The victim made a statement at an investigative agency to the effect that “The Defendant attempted to photograph several cases of his/her death, but the Defendant refused to do so.”

(Evidence 6 pages) In addition, the Defendant sent to the investigative agency the question of “the fact that the Defendant has taken the victim’s body photo prior to that time,” or read “the Defendant requested to send the victim’s body body photograph to the victim, but the victim did not receive the victim’s body photograph.”