The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The sentence sentenced by the lower court to the Defendant (one million won in penalty) is too unhued and unfair.

B. Although the prosecutor omitted the declaration of forfeiture sought the forfeiture of one of the 6 smartphones (No. 1) owned by the Defendant, which was provided for the instant crime, the lower court omitted the sentence of forfeiture.

2. Judgment on the grounds for appeal

A. The crime of this case regarding the wrongful assertion of sentencing is an unfavorable circumstance to the Defendant, in light of the following: (a) it is not good that the Defendant taken the back habits of the victims who suffered bits from the bathing beach against the victims’ will; (b) the victims suffered a sense of sexual humiliation due to the instant crime; and (c) the Defendant did not agree with the victims.

However, in light of all other circumstances that form the conditions for sentencing, such as the Defendant’s age, sex, environment, motive and background leading to the instant crime, its means and consequence, etc., such as the fact that photographs taken have not been disseminated to a third party, the Defendant’s primary offender who has no record of crime, etc., it does not seem that the sentence imposed by the lower court is too uneasible and unfair.

B. Determination on the omission of a declaration of forfeiture is based on Article 48 (1) 1 of the Criminal Act, since the confiscation under Article 48 (1) 1 of the Criminal Act is voluntary, the issue of whether to confiscate even an article that meets the requirement of forfeiture is left at the discretion of the responding court. However, it is subject to restriction by the proportionality principle applied to the general penalty.

In order to determine whether confiscation violates the principle of proportionality, the degree and scope used in the commission of this crime (hereinafter “goods”) and the importance of the goods to be confiscated, the role and degree of responsibility of the owner in the commission of the crime, the degree of infringement of legal interests by the commission of the crime, the motive of the commission of the crime, profits from the crime, and the commission of the crime among the goods.