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. As to the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Camera”) among the facts charged in the instant case, the Defendant taken pictures of the victim’s sexual intercourse with the victim with his/her explicit or implied consent; however, the lower court found the Defendant guilty of this part, which erred by misapprehending the facts that affected the conclusion of the judgment.

2. Determination:

A. Of the facts charged in the instant case, the Defendant taken pictures of the victim C’s sexual intercourse with the victim by using the video recording function of the Defendant’s smartphone in the Eelel located in Soyang-gu, Young-gu, Seoul, or the cross-dissected telephone in Gangseo-gu, Gangseo-gu, Seoul.

Accordingly, the defendant taken the body of the victim who could cause a sense of shame using smartphones against his will.

B. The lower court found the Defendant guilty of the aforementioned facts charged in full view of the admitted evidence.

C. The facts charged in a criminal trial for a trial at the trial of a political party must be proven by the prosecutor, and the judge shall be convicted with evidence having probative value that leads to the conviction that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is a suspicion of guilt against the defendant, it shall be determined with the benefit of the defendant.

(2) In light of the records, the Defendant taken the victim’s sexual intercourse with his/her consent from the investigative agency to the court of the first instance, and consistently denies the Defendant’s violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter “Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes”), and ② the victim’s sexual intercourse with his/her victim until the investigative agency and the court of the court of the court below.