The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds of appeal (e.g., the crime of this case) is unreasonable in light of the following facts: (a) the Defendant taken the 35 seconds of the victimized woman by video for 35 seconds; (b) the nature of the crime is very poor; and (c) there is no way to prevent the spread of damage in the event of leakage of images taken against another person’s body that may cause sexual humiliation or sense of shame; and (d) the Defendant’s act of photographing such pictures requires strict punishment.

2. The instant crime was committed by the Defendant, using the mobile phone camera function, taking a woman’s spawn, using the subway station, and the crime is not likely to be committed.

Although the defendant had been punished twice for the same crime, he also committed the crime of this case.

In addition, in full view of all the sentencing circumstances shown in the records and arguments of this case, including the age, character and conduct, environment, motive, means and consequence of the crime, as well as favorable or unfavorable circumstances to the defendant, the sentence of the court below is deemed unfair.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as follows, except for the addition of “the copy of case inquiry and summary order” to the summary column of the evidence, and thus, it is identical to each corresponding column of the judgment below. Therefore, it is acceptable to accept it as it is in accordance with Article 369

Application of Statutes

1. Article 14 (1) of the relevant Act on Criminal Crimes and Article 14 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Punishment;

1. Article 62 (1) of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Probation, order to provide community service, and order to complete a program under Article 62-2 (1) of the Criminal Act;