The judgment of the court below is reversed.

The defendant shall be innocent.

1. Summary of grounds for appeal;

A. Although the physical parts of the victim taken by the defendant by mistake of facts and misunderstanding of legal principles were taken mainly into the rear parts of the body, they do not appear to have been taken by showing her muck or buckbucks, etc., but they did not have been taken by her muck or bucks. Even if there was no criminal intent to photograph another person's body that could cause sexual humiliation or shame, the judgment of the court below which found the defendant guilty by misunderstanding of facts and misunderstanding of legal principles.

B. The lower court’s sentence of unreasonable sentencing (the fine of two million won, the order to complete a sexual assault treatment program 40 hours, the confiscation) is too unreasonable.

2. Determination

A. On September 23, 2014, the Defendant, on September 23, 2014, recorded the body E (n, 16 years of age) of the victim E (n, 16 years of age) with a PC, with a photographic function installed in the PC bank, to make a calculation before the carter, using Samsung mobile phones with a photographic function installed in the PC bank, against his/her will.

B. In the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, punishment of the act of photographing another person’s body, which may cause sexual humiliation or shame against the latter’s will is to protect the victim’s sexual freedom and freedom not taken without permission, by using a camera or other similar mechanism. Thus, whether the taken body constitutes “the body of another person, which may cause sexual humiliation or shame” objectively, shall be taken into account whether the body of the victim constitutes “the body of another person,” such as the victim’s sex, age group’s general and average person, as well as the degree of exposure, etc., as well as the circumstances leading to the photographer’s intent, the place of filming, degree of filming, and distance of photographing.