The defendant's appeal is dismissed.

1. Summary of the grounds for appeal by the defendant: Error of facts (this case’s video and photograph shall not be applicable to the images taken by another person’s body which may cause sexual humiliation or sense of shame) and unreasonable sentencing; and

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 admitted and examined by the court below, the defendant suffered a short fel from the subway platform (a short knee knee kne bucks considerably exposed) or photographs of the video or 150 heads of the kne bucks on the platform are taken by making only those women who knee knee kne kne kne kne kne kne kne kne kne kne kne kne kne on the side of the kne kne kne kne, and on the side of the bridge. In light of this, the video and photographs of this case may cause sexual humiliation or humiliation.