The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. According to the misunderstanding of facts and misapprehension of legal principles, the defendant can be found to have taken the body of the victim as a video, and even if the photograph was not stored in the auxiliary memory device of the mobile phone, it shall be deemed that the photograph was completed.

Nevertheless, the lower court recognized that the instant facts charged cannot be deemed to have reached the conclusion of the judgment, and recognized the attempted suspension, thereby erred by misapprehending the legal principles and misconception of facts.

B. The lower court’s sentence of unreasonable sentencing (one month of imprisonment, 40 hours of completing a sexual assault treatment program, 2 years of disclosure and notification of personal information, 3 years of restriction on employment, confiscation) is too uneasible and unreasonable.

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

A. The court below found the Defendant not guilty of the charges of this case on the following grounds: (a) the Defendant’s cell phone forensic type did not discover the photograph of the victim’s finger in his cell phone; and (b) the victim testified that the Defendant was witnessing knee and knee, and the Defendant did not have taken the part of the victim’s body knee, and that the Defendant did not have taken the part of the victim’s body knee, and found the Defendant guilty of attempted crimes of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, which are included in the above charges.

B. The following circumstances acknowledged by the record as revealed by the court below, i.e., CCTV images, (i) are confirmed only in CCTV images showing the body of the defendant to the victim on the back of the victim’s cell phone, and the defendant does not confirm the appearance toward the victim under the body of the victim. (ii) The victim suffered knee from the knee set up below at the time, and thus, is considerably low in order for the defendant to photograph the body of the victim.