The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. According to the evidence submitted by the prosecutor, the court below erred by misapprehending the facts or by misapprehending the legal principles, which acquitted the facts charged of this case, although it can be acknowledged that the defendant taken the body of the victim who may cause sexual humiliation or sexual humiliation.

2. An ex officio judgment prosecutor added an ancillary charge to the effect that “the defendant taken the body of a victim who may cause sexual humiliation or sense of sexual shame against his/her will and attempted to commit a crime” while maintaining the existing facts charged as the primary facts charged at the trial, and the application of the applicable law to this part of the charges added “Article 15 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes” to “Article 15 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes” was changed by this court’s permission.

As examined below, this Court found the Defendant guilty of the conjunctive facts charged, so the judgment of the court below that only the primary facts charged can no longer be maintained.

Despite the above reasons for ex officio reversal, the prosecutor's assertion of mistake or misunderstanding of legal principles is still subject to the judgment of this court.

3. Judgment as to the prosecutor's mistake of facts or misapprehension of legal principles as to the primary facts charged

A. On September 3, 2016, around 18:20 on September 3, 2016, the primary Defendant discovered the victim F (the age of 38) who was waiting for a bus by suffering knee-feling knee-feling horse at a bus stops located in Gangnam-gu Seoul, Seoul, and taken the body of the victim who might cause sexual humiliation or shame by using mobile phone camera functions against his will.

B. The lower court and the lower court held that the Defendant’s motion picture was removed, and how the victim was taken because the video was not restored.