All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal by the defendant and prosecutor;

A. The defendant asserts that misunderstanding of facts and misunderstanding of legal principles (the defendant) that the defendant taken a victim's body image against the victim's will does not constitute another person's body which may cause sexual humiliation or sense of shame due to the back appearance of the victim.

B. The defendant asserts that, on the punishment sentenced by the lower court (ten months of imprisonment, 40 hours of order to complete sexual assault treatment programs, and 3 years of restriction on employment), the defendant is too unreasonable, and the prosecutor is too uneasible and unfair.

C. In addition, the prosecutor asserts that it is improper for the court below to exempt the Defendant from the disclosure and notification order of registered information, although there are no special circumstances that the Defendant should not disclose or cross-face the personal information.

2. Determination

A. (1) As to the assertion of mistake of facts and misapprehension of legal principles, Article 14-2(1) of the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof, which punishs the act of photographing another person’s body, which may cause sexual humiliation or shame against the latter’s will, using the relevant legal principles, camera or other similar devices, to protect the victim’s sexual freedom and freedom not taken without permission.

Whether the recorded body of another person may cause a sexual humiliation or sense of shame is objectively determined or not, in addition to taking into account whether the body falls under the body that may cause a sexual humiliation or sense of shame from the standpoint of the general and average person of the victim, such as the victim’s sex, age group, and the degree of exposure, as well as the circumstances leading up to the photographer’s intent and the degree of exposure, the place, degree and distance of photographing, the image of the taken body, the image of the taken body, and the specific body parts.