The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is as follows: (a) the Defendant did not obtain the consent of the victim at the time of taking the photograph of the victim because he was aware of the victim’s body photo.

In addition, in light of the fact that the body photographs of the defendant and the victim taken under the lead of the victim appeared together with two or not with the face of the victim, and that the victim knew the existence of the pictures of this case and requested the deletion to the defendant, but the defendant did not comply with it, it can be deemed that the defendant did not have the implied or presumed consent of the victim at the time of photographing.

Therefore, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous and adversely affected by the judgment.

2. In light of the following circumstances acknowledged by the records of judgment, the court below's decision that it is difficult to view the defendant as having taken the victim's body against his will is just and acceptable. Thus, the prosecutor's assertion is without merit.

(1) The Defendant and the victim shared the photographs of one another’s body or sexual intercourse with each other, and freely viewed the photographs, etc. stored in the other’s mobile phone at any time.

② Each of the instant pictures was taken at the time when the relationship between the Defendant and the victim was sought. On December 2017, 2017, when the victim discovered the aforementioned pictures, the Defendant was able to have the victim saw the response to the problem, and deleted upon the victim’s request for deletion (the victim’s legal statement), and it is difficult to readily recognize that the Defendant had the intent against the victim’s will at the time of photographing each of the instant pictures.

(3) The aggrieved person shall keep a b body photograph that does not take the face of the accused and the victim at the same time or that of the victim.