The judgment of the court below is reversed.

Defendant shall be punished by a fine of two million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant did not have any speech that the victim should take the body of the victim by using the victim’s mobile phone, and even if so, he appeared such speech.

In light of the legislative purpose, requirements, etc. of the crime of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, punishing the defendant under Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes solely on the ground that the method of photographing the victim’s prior consent is different from that of the means designated in advance is contrary to the statutory principle of punishment, inasmuch as the victim consented to the photographing of the victim’s prior consent.

Therefore, the judgment of the court below that found the defendant guilty of the act of photographing the victim's body by using his own cell phone cannot be seen as photographing against the victim's will as referred to in the above provision, is erroneous in the misunderstanding of facts or in the misapprehension of

B. The sentence of the lower court (2 million won, 40 hours after the completion of a sexual assault treatment program, 10 hours after the completion of the program, 2 million won) is too unreasonable.

2. Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jan. 16, 2018) provides that a person determined after having been sentenced to a punishment or treatment for a sex offense against a child or juvenile or a sex offense against an adult (hereinafter “sex offense”) shall not operate a child or juvenile-related institution or provide employment or actual labor for ten years from the date on which the execution of the punishment or treatment or care or custody is completed, or suspended or exempted.

However, Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which was amended by Act No. 15352 and enforced July 17, 2018, shall terminate, suspend, or exempt the execution of all or part of the punishment or treatment and custody when a sentence is imposed for a sex offense.