The judgment of the first instance shall be reversed.

The sentence against the accused shall be 700,000 won.

The above fine shall be imposed on the defendant.

1. The judgment of this court on the misunderstanding of facts or misunderstanding of legal principles on the grounds of appeal (the physical part of the victim taken by the defendant is not "the physical part which may cause sexual humiliation or shame" and the judgment of this court on the 2.

A. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the first instance court's judgment cannot be maintained any more due to the following changes in circumstances, as long as the prosecutor applied for permission to change the indictment to exchange the facts charged for the following crimes, and the subject of the judgment was legally changed by this court.

However, despite the above reasons for ex officio destruction, the defendant's assertion of mistake of facts, etc. is subject to the judgment of this court, so it is separately examined.

B. As to the assertion of mistake of facts, etc., Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which punishs the 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, is to protect the victim's sexual freedom and without permission. Thus, whether the recorded body constitutes "the body of another person who may cause sexual humiliation or shame" objectively falls under "the body of another person" like the victim's sex and age group's average person, such as the victim's age group's average person, should be considered in light of whether the body constitutes "the body of another person who may cause sexual humiliation or shame." In addition, the degree of exposure is not only the victim's clothes, screen, degree of exposure, etc., but also the circumstances leading to the photographer's intent, location and distance of photographing, image of the taken body, and whether certain body parts have been emphasized, etc. shall be decided specifically, individually and alternatively, by comprehensively taking into account the following factors.