The judgment below

The conviction part is reversed, and this part of the case is remanded to the Seoul Northern District Court.

The grounds of appeal are examined.

1. As to the grounds for appeal by the defendant

A. On April 28, 2014, the lower court found the Defendant guilty of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Kameras, etc.) among the facts charged in the instant case on the following grounds.

(1) While returning home, the Defendant: (a) she was shotly shot off the victim E; (b) followed the elevator with the victim’s apartment elevator; and (c) taken the victim’s shot; and (d) the Defendant shot up the elevator with the victim; (b) the photograph taken by the Defendant, without having the victim’s face, taken only the upper half of the body, centering on the chest (hereinafter “the photograph of this case”). (b) While the victim was aware that the Defendant was taking the shot of himself, the Defendant did not raise any objection at the time, and later, confirmed CCTV images installed in the elevator, and reported it to the police.

(3) 피해자는 경찰에서 ‘ 너무 당황스럽고, 무섭고, 수치스럽고, 기분이 나빴다’ 는 취지로 진술하였고, 제 1 심 법정에서도 ‘ 성적 수치심을 느꼈고, 이 사건 사진에 자신의 몸만 촬영되었기 때문에 성적인 느낌을 가지고 촬영하였다고

The purpose of “determination” was to make a statement.

(4) Comprehensively taking account of the intent and background of the Defendant’s taking pictures, the victim’s statement, etc., even if the body part of the victim was not exposed to the instant pictures, the Defendant taken the body of the victim that could cause sexual humiliation or shame.

It is reasonable to view it.

B. However, we cannot accept the judgment of the court below for the following reasons.

(1) An act of photographing another person’s body, which may cause sexual humiliation or shame, using a camera or other similar mechanism, shall be punished by a sexual crime.