The judgment of the court below is reversed.

Defendant shall be punished by a fine of seven million won.

The above fine shall not be paid by the defendant.

1. According to the summary of the grounds for appeal (the factual error and the misapprehension of the legal principle), the lower court acquitted the Defendant of the facts charged in this case, although the Defendant could sufficiently recognize the fact that the Defendant commenced to take the victim’s body to photograph as stated in the facts charged in the instant case, by misapprehending the legal doctrine.

2. Determination

A. On June 3, 2019, at around 04:40, the Defendant sought to take the victim’s body by raising the accelerator three times in the direction of D, where the victim C (the age of 29) resides through windows, and raising the accelerator three times in the direction of D, where the victim C (the age of 29) resides, but the Defendant attempted to take the victim’s body by avoiding the accelerator turn up with the windows. However, the Defendant attempted to take the victim’s body by getting out the accelerator turn out of the window.

Accordingly, the defendant tried to photograph the body of the victim who could cause a sense of sexual shame against the victim's will by using carmeras, etc., but attempted to do so.

B. The lower court found the Defendant not guilty of the facts charged in the instant case on the ground that the Defendant’s act did not lead to the commencement of “the crime of taking pictures using a camera, etc.” on the grounds that it was merely a preparatory act for taking pictures before the commencement of a specific and direct act to enter video information into the device, such as focusing on the body of the victim through the mobile phone camera, etc.

C. The crime of photographing another person’s body, which may cause sexual humiliation or other humiliation, is established by taking advantage of a camera, etc. under Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes. Here, “recording” is a crime committed by taking pictures against another person’s body, which is likely to cause sexual humiliation or other humiliation. The term “recording” is a film or picture contained in a camera or any other similar device.