The defendant's appeal is dismissed.

1. Summary of grounds for appeal (misunderstanding of legal principles and improper sentencing)

A. The instant pictures taken by the Defendant by misunderstanding the legal doctrine did not photograph the specific parts of the E’s body, but taken the telegraph, and even though the E’s bucks were exposed, it was merely because the E’s bucks were exposed to a short radius of the degree that young women would normally have suffered, and the other part was not exposed.

In particular, the Defendant, at the time, was seated on a table in the process of photographing at a bar to contain the overall form, atmosphere, etc. of the drinking house.

E is also taken as a photograph of the body, and it is not taken as a photograph of the body. Thus, this case’s photograph cannot be viewed as a photograph of the body that may cause sexual humiliation or shame.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. misunderstanding of legal principles 1) Article 13(1) of the former Act on Special Cases concerning Sexual Violence and Article 14(1) of the Act on Special Cases concerning Sexual Violence, which punishs an act of photographing another person’s body, which may cause sexual humiliation or shame against the latter’s will by using a camera or other similar mechanism, to protect the victim’s sexual liberty and freedom not to be taken without permission.

Whether the photographed body of another person may cause sexual humiliation or sense of shame is objectively determined or not, or not, of the same gender group as the victim’s average person’s body, takes into account whether the general body of the victim’s age group falls under the body that may cause sexual humiliation or sense of shame from the perspective of the average person, as well as the circumstances leading up to the photographer’s intent and the degree of exposure, the place and the location of the photographer’s body, the image of the photographer’s body, and the specific body parts.