A. misunderstanding of facts: The Defendant merely taken a picture on the part of a woman’s bridge, which was shorter shorter from a subway transfer escalator at the time, at the time, from a natural view of the part of a woman’s bridge, and the female seated in the bus also taken the shape that appears in his eye on the side. As such, it is difficult to view that the part taken by the Defendant constituted “the body of another person, which may cause sexual humiliation or sense of shame” all of the parts taken by the Defendant.

B. Unreasonable sentencing

2. Determination on the grounds for appeal

A. (1) As to the 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, which may cause sexual humiliation or shame against the latter’s will, using a camera or other similar mechanism, to protect the sexual freedom of the victim of the personality chain and the freedom of not being taken without permission.

Whether the recorded body of another person may cause a sexual humiliation or sense of shame should be objectively determined by taking into account whether the body falls under the body that may cause a sexual humiliation or sense of shame from the standpoint of the general and average persons of the same gender and age group as the victim, as well as the degree of exposure, etc. of the victim in question, as well as the background leading up to the photographer's intent, the place, degree and distance of photographing, the image of the photographer's photograph, the image of the photographer's photograph, and the importance of the specific body part.

(2) According to the evidence duly adopted and examined by the lower court by the crime committed on August 23, 2013, the lower court: (a) the Defendant was placed in an investigative agency from August 15, 2013 to October 5, 2013 on the street, subway, bus bus, etc.