The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by a fine of five million won.

Defendant

A.

1. Summary of grounds for appeal;

A. Defendant A1) misunderstanding of facts (related to the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Crimes of Using Cameras, etc.) A) B voluntarily deserted the Defendant and the Defendant’s husband E, and voluntarily renounced his freedom not to be taken against the Defendant’s husband’s sexual freedom and will. Thus, Defendant A1’s act of photographing and offering sexual crimes does not constitute a crime.

The above assertion seems to be one of the constituent elements that does not constitute “in opposition against the will”.

B) The body of the Defendant’s photographed B does not constitute “the body of another person, which may cause sexual humiliation or shame.”

2) misunderstanding of the legal principles [related to the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Use and photographing of Cameras, etc.)] The defendant's photographic act of photographing and offering the defendant's photograph is justified as it was conducted at the level of securing evidence to file a complaint against a crime of intrusion upon residence or intimidation. Since the defendant's act satisfies the requirements such as reasonableness of means or methods, balance of legal interests, urgency

3) The sentence of the lower court (the amount of KRW 5 million, the amount of KRW 40 million, and the amount of sexual assault therapy program) against the illegal Defendant is too unreasonable.

B. A’s statement is reliable because there is a reason to believe that the prosecutor (related to the charge of assault) 1 made a mistake of fact (related to the charge of assault) A's statement at the latest, and that there is no big difference between the two statements made by the investigation agency and the statement made by the investigation agency on two occasions, while the defendant also abused A in light of the situation at the time.

It is natural to see that the defendant was assaulted against A, his husband, E.

Although E made a statement, the defendant's statement is not reliable in light of the fact that E was subject to a disposition without suspicion.

Nevertheless, the judgment of the court below that acquitted the Defendant of this part of the facts charged by denying the credibility of A’s statement is erroneous.

2) Sentencing is unfair.