The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. In light of the Supreme Court precedents, “the case of photographing another person’s body against one’s will” under the former part of Article 14(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15977, Dec. 18, 2018; hereinafter “former Sexual Crimes Punishment Act”) shall be limited to the case of photographing another person’s body itself “direct”, the term “recording materials” under Article 14(1) and (2) of the former Sexual Crimes Punishment Act shall be interpreted to be limited to the case of photographing another person’s body itself. In light of the meaning of “the case of photographing another person’s body” and “the case of photographing another person’s body,” the meaning of “the case of photographing another person’s body is different from the case of photographing another person’s body,” and thus, it is not permissible under the principle of no punishment without the law.

In this case, the photograph transmitted by the defendant does not constitute a "recording material" within the meaning of the above provision, because the photograph taken by the defendant after reproducing the screen image prior to the sex relation between the defendant and the victim from the computer and the photograph taken by the monitor screen is not directly taken by the victim's body itself.

Therefore, the defendant's act cannot be punished for violation of Article 14 (2) of the former Sexual Violence Punishment Act.

B. The sentence sentenced by the court below on unreasonable sentencing (the fine of 5 million won, confiscation, order to complete a program) is too unreasonable.

2. We examine ex officio the judgment on the grounds for appeal ex officio.

According to the records, the Defendant was sentenced to a suspended sentence of two years on October 28, 2018 by the Seoul Central District Court on November 28, 2018 for a violation of the Act on the Control of Narcotics, Etc., and the said judgment became final and conclusive on December 6, 2018.