The defendant's appeal is dismissed.

1. Reasons for appeal;

A. misunderstanding of facts and misapprehension of the legal doctrine, the Defendant did not take a photograph of the victim’s rear appearance required for mind as it appears ordinarily in the view of the human body, and in particular, did not take his/her sexual desire, or did not take a photograph with the victim’s intent to meet his/her sexual desire or to cause a sense of sexual shame to the victim.

B. The sentence of the lower court’s unfair sentencing (2 million won in punishment, 40 hours in total, etc.) is too unreasonable.

2. Determination:

A. According to the evidence duly adopted and examined by the court below and the court below, the defendant argued that the above facts were the same as the mistake of facts. The defendant, as well as the defendant, as stated in the court below, had been aware of the following facts: (a) the defendant, while sitting in a subway and doing game by putting a photograph by clarifying only those who have been killed in the future, and again put the victim into a game; (b) the defendant taken a short flabbbbbbbbbbs so that the scam and scam can be seen well; and (c) the defendant, as well as the defendant, taken a photograph of the victim's body, which could cause sexual humiliation or sexual humiliation, by pointing out only the flabbbbbbbbbbbbbbbbbbbbs that had been scam and caused the victim's death, the above argument by the defendant is without merit.

B. Although the Defendant was a primary offender and the Defendant violated his mistake, the Defendant, while holding a game with a seat in the subway, was aware of the victim’s photograph while leaving the game, and attempted to deny the photograph of the victim and to leave the scene without showing the victim and witness’s cell phone, and the police officer dispatched the photograph completely denying the fact of photographing the victim’s photograph and the circumstances after committing the crime are bad.

. Other defendant.