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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts or misapprehension of legal principles 1) The part of the victim’s bridge taken by the defendant does not constitute a body that may cause sexual humiliation or shame.
2) Even if the above part constitutes a body that may cause sexual humiliation or shame, since the images of the photograph taken by the Defendant do not identify what were the pictures taken by the Defendant, the crime was not completed.
B. The sentence sentenced by the court below to the defendant (the penalty amounting to KRW 1,500,000, the order to complete a sexual assault treatment program for 40 hours, the confiscation) is too unreasonable.
2. Determination
A. As to the assertion of misunderstanding of facts and legal principles, 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 against the will, using a camera or other similar devices and devices, which may cause sexual humiliation or shame, to protect the victim of personality chain’s sexual freedom and freedom not taken without permission.
Whether the body of another person, which may cause sexual humiliation or shame, constitutes “the body of another person,” or not should be objectively determined by taking into account whether the general level of the victim’s sex and age group falls under the body that may cause sexual humiliation or shame from the perspective of the average person, as well as the degree of clothes, pictures, exposure, etc. of the relevant victim, as well as the circumstances leading up to the photographer’s intent, place and location of photographing, the degree of filming and distance of photographing, the image of the photographer’s image, and the importance of a specific body part (see, e.g., Supreme Court Decision 2008Do707, Sept. 25, 2008). Based on the above legal doctrine, this part of the assertion is examined, and the lower court erred by misapprehending the legal doctrine as seen above.