The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. Summary of grounds for appeal;

A. The Defendant, by misapprehending the legal doctrine, taken pictures of the victim’s rear image with a cell phone, and did not intentionally take the victim’s her mare or body part, not intentionally take the victim’s mare or body part. As such, the Defendant taken pictures of another person’s body that may cause sexual humiliation or shame against the victim’s will.

shall not be deemed to exist.

Therefore, the judgment of the court below which convicted the charged facts of this case is erroneous in the misapprehension of legal principles.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 3 million, and an order to complete a sexual assault treatment program 40 hours) is too unreasonable.

2. Determination

A. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Etc., which punishs “the act of photographing another person’s body against his/her will, using a camera or other mechanical device with similar functions, which may cause sexual humiliation or shame” to protect the freedom of sexual freedom and without permission of the victim of personality chain.

Whether the photographing body of another person may cause sexual humiliation or shame should be objectively determined by taking into account whether the body falls under the body of the victim from the perspective of the general and average person of the same gender and age group as the victim, as well as the degree of exposure, etc. of the victim, taking into account not only the victim’s clothes, pictures, degree of exposure, etc., but also the background leading up to the photographer’s intent and the background leading up to the photographing, the place of photographing and the distance of photographing, the image of the taken original body, and the importance of the specific body parts (see, e.g., Supreme Court Decisions 2008Do707, Sept. 25, 2008; 2015Do16851, Jan. 14, 2016).