On the grounds indicated in its reasoning, the lower court affirmed the first instance judgment that acquitted the Defendant of the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Sexual Crimes Punishment Act”) (i.e., cameras, etc.), and acquitted the Defendant of the violation of the Punishment of Sexual Crimes (obscenity using communications media), and reversed the first instance judgment that acquitted the Defendant of the violation of the Punishment of Sexual Crimes Act (obscenity using communications media).

The judgment below

Examining the reasoning of the judgment below in light of the records, the above determination is justifiable, and contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles on “the act of causing sexual humiliation” as provided in Article 13 of the Punishment of Sexual Violence Act or “the act of causing sexual humiliation” as provided in Article 14(2) of the Punishment of Sexual Violence Act.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.