The prosecutor's appeal is dismissed.

1. The defendant's act of photographing the victims of the summary of the grounds for appeal can be seen as an act of photographing another person's body which may cause sexual humiliation or shame, and the judgment of the court below which acquitted the defendant of the facts and misapprehension of legal principles.

2. Determination

A. Article 14(1) of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims, Etc., which punishs acts of photographing another person's body, which may cause sexual humiliation or shame against the victim's will or openly displaying the photographed body by using a camera or similar mechanism, shall be aimed at protecting the victim's sexual freedom and freedom not to be taken without permission. Thus, whether the taken body constitutes "the body of another person, which may cause sexual humiliation or shame" objectively like the victim's sex and age group's generality, falls under the body of another person, which may cause sexual humiliation or shame from the perspective of the highly average person, the court below rejected the prosecutor's appeal, taking into account not only the victim's clothes, degree of exposure, etc., but also the circumstances leading to photographing the victim's intent and photographed body, the location and distance of photographing taken pictures, the photographed body board taken, and the importance of a specific image, etc. (see, e.g., Supreme Court Decision 200Do78, Jul. 8, 2008).

Examining the judgment of the court below closely and closely with the records, the judgment of the court below is just, and the prosecutor's misunderstanding of the facts and misapprehension of the legal principles are without merit (additional part: victims are also the defendant at the police.