The appeal is dismissed.

The grounds of appeal are examined.

1. A. The statutoryism requires that crimes and penalties be prescribed by law in order to protect individuals’ freedom and rights from the arbitrary exercise of the State’s penal authority.

In light of such purport, the interpretation of the penal laws and regulations shall be strict, and the interpretation or analogical interpretation of the meaning of the explicit penal laws and regulations in the direction unfavorable to the defendant is not permitted as they are contrary to the principle of statutory punishment (see, e.g., Supreme Court Decision 2012Do4230, Nov. 28, 2013). Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter “Sexual Crimes Punishment Act”) provides that a person who takes photographs of another person’s body against his/her will, or distributes, sells, leases, provides, or openly displays or displays the taken objects to the public, using a camera or other mechanical device with similar functions, shall be punished by imprisonment for not more than five years or by a fine not exceeding ten million won.

Article 14(2) provides that “A person who distributes, sells, leases, provides, or openly displays or displays any photographic material against his/her will at the time of the photographing under paragraph (1) shall be punished by imprisonment with prison labor for not more than three years or by a fine not exceeding five million won.

Article 14 (3) provides that "A person who distributes photographs under paragraph (1) for profit through an information and communications network under Article 2 (1) 1 of the Act on Promotion of Use of Information and Communications Network and Information Protection, Etc. shall be punished by imprisonment for not more than seven years or by a fine not exceeding 30 million won.

"........"

According to the above provisions, the subject of photographing under Article 14(1) of the Punishment of Sexual Violence Act shall be deemed to be “the body of another person who may cause sexual humiliation or shame” and thus, the above provision shall be punished.