A. Prosecutor 1) In the process of misunderstanding of facts and misunderstanding of legal principles (not guilty part) the victim’s left upper arms were generated in the course of the Defendant’s confinement of the victim into a passenger car, and this constitutes the injury of the crime of injury resulting from confinement. However, the first instance court acquitted the victim of the injury resulting from confinement among the facts charged in the instant case. In so determining, the first instance court erred by misapprehending the facts or misapprehending the legal principles. 2) The sentence (fine 12 million won) sentenced by the first instance court of unfair sentencing is too uneasible and unjust.

B. As to Defendant 1’s violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Act on the Punishment, etc. of Sexual Crimes”), the Defendant only sent a breathous victim’s face to make him/her take care of, and transmit it to the victim’s face, and did not have any intent to photograph the victim’s body that may cause a sense of sexual shame or to cause a sense of sexual shame. Nevertheless, the first instance court erred by misapprehending the fact that the first instance court found the Defendant guilty of this part of the facts charged, and thus, is unreasonable.

2. Determination

A. As to the prosecutor’s assertion of mistake of facts and misapprehension of legal principles, the first instance court determined that it is difficult to recognize that the Defendant’s act committed the bodily injury resulting from the Defendant’s act committed the bodily injury resulting from the Defendant’s act, while sufficiently explaining the various circumstances acknowledged by the legal principles and evidence regarding the injury resulting from the bodily injury resulting from confinement.

Examining these judgments of the first instance court closely with the records, the prosecutor's allegation in this part is without merit.

B. As to the Defendant’s assertion of mistake of facts, 1) the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012).