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The judgment of the court below is reversed.
Defendant
A shall be punished by a fine of KRW 4,000,00 and by a fine of KRW 1,00,000, respectively.
Reasons
1. Summary of grounds for appeal;
A. Defendant A 1) At the time of the instant case, Defendant A did not have taken the form of the victim’s her panty off with lower her panty, and only taken the form of the victim her panty.
However, in a photograph taken by the Defendant at the time of the instant case (hereinafter “the photograph of this case”), only can it be confirmed that the victim was out of panty, and it cannot be confirmed whether the Defendant was out of the panty. As such, the above photograph cannot be seen as “the photograph taken of the body of the person who may cause sexual humiliation or shame.”
B) Defendant A merely taken the victim to secure evidence of the situation at the time and did not have awareness that Defendant A taken the body of a person who may cause sexual humiliation or shame. Thus, Defendant A’s act does not constitute an element of the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter “Act on the Punishment, etc. of Sexual Crimes”). Even if Defendant A’s act constitutes an element of the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (C) even if Defendant A’s act constitutes an element of the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, it can be deemed as a justifiable act that does not violate social norms, and there may be room to deem that the victim consented to the Defendant’s act, and thus, Defendant A should be acquitted of the facts charged in this case. Thus, the lower court erred by misapprehending facts and misapprehending legal principles, and thus, it is unreasonable.
B. Defendant B (Defendant B) misunderstanding of facts understood that the victim allowed the photographing of the instant pictures. Defendant B merely sent the instant pictures to I at the victim’s male-child request, and the intent of Defendant B is to cause sexual humiliation or shame.