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The judgment below
The guilty part shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
except that from the date of this judgment.
Reasons
1. Summary of grounds for appeal;
A. The photograph under Paragraph 1 of the crime committed in the judgment below by misunderstanding the facts or misapprehending the legal principles is the victim’s face and hand, and the photograph under Paragraph 2 is not the victim’s body that may cause sexual humiliation or sense of shame, as it is the “the victim’s appearance of the victim’s head at the cremation room by suffering hinging the public bath,” “the appearance of the damaged person suffering from the private retail,” and “the victim’s body form of the victim’s sexual humiliation or sense of shame.”
However, since the court below recognized the defendant as a crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (using a camera and so on), the court below erred by misunderstanding facts or misunderstanding legal principles, which affected the conclusion of the judgment
In addition, the Defendant’s defense counsel applied Article 14(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes to the instant criminal facts, but the lower court erred by applying Article 14(1) of the Punishment of Sexual Crimes Act to the crime of this case.
In my opinion, the relevant Article appears to be a clerical error in the facts constituting the crime in the original judgment, and the lower court does not seem to have erroneously applied the statutes.
B. The sentence sentenced by the lower court is too unreasonable.
2. Determination
A. As to the assertion of misunderstanding of facts or legal principles, Article 14(1) of the Punishment of Sexual Violence Act punishing the act of photographing another person’s body, which may cause sexual humiliation or shame against the latter’s will, is aimed at protecting the victim’s sexual freedom and freedom not to be taken without permission, and thus, whether the photographed body constitutes “the body of another person, which may cause sexual humiliation or shame” can objectively lead to sexual humiliation or shame from the perspective of an average person, such as the victim.