The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Sexual assault, 40 hours against the defendant.

Summary of Grounds for Appeal

가. 사실오인 내지 법리오해(각 카메라 등 이용 촬영 미수의 점에 관하여) 피고인은 당초 피해자들이 용변 보는 모습을 보기 위하여 피해자들의 머리 위로 휴대전화를 들이댔을 뿐, 촬영하려는 고의가 없었다.

Even if the defendant had the intent to photograph, he had the intent to do so.

Even if the defendant tried to take photographs, it cannot be considered that the body of others can cause sexual humiliation or shame.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment, 40 hours of order to complete sexual assault treatment programs, and 3 years of restriction on employment of children and juveniles-related institutions, etc.) is too unreasonable.

2. Judgment on misconception of facts or misapprehension of legal principles

A. On July 18, 2018, around 19:30, the Defendant: (a) opened and concealed the female toilets in B five stories in Ansan-si; (b) opened the victim E (one person); and (c) tried to take the Defendant’s smartphones of the Defendant, which were in possession, with the toilet partitions set off above, the Defendant attempted to take the body of the victim, and attempted to take the Defendant’s cabphones in possession; (b) the Defendant was able to take the Defendant’s body while hiding-si around August 20, 2018, while hiding-si around 19:25, the Defendant was hiding-si in the female toilets in the first floor of the Gu DD building, and was hiding-si, for the next common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common use.

B. The lower court found the Defendant guilty of the facts charged by compiling the evidence as indicated in its judgment.

C. Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes provides for “the crime of photographing a camera, etc.” is a crime committed by photographing another person’s body against his will, by using a camera, etc., which may cause sexual humiliation or other humiliation. Here, “recording” is a camera or any other similar crime.