The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

except that from the date of this judgment.

1. Summary of grounds for appeal;

A. The defendant's photograph taken does not cause sexual humiliation or shame.

B. The Prosecutor’s sentence issued by the lower court (7 million won, 40 hours, etc. to complete a sexual assault treatment program) is too uneasible and unreasonable.

2. Article 14(1) of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof aims to protect the victim of personality chain’s sexual freedom and freedom not to be taken without permission. Whether the photographed part constitutes “the body of another person who may cause sexual humiliation or shame” is objectively identical to the victim’s sex and age group’s body from the perspective of an average person, and the degree of the victim’s body may cause sexual humiliation or shame. In addition, according to the evidence duly adopted and investigated by the lower court, the lower court’s determination should be made relatively relatively relatively relatively by comprehensively taking into account not only the victim’s clothes, screen, degree of exposure, etc., but also the circumstances leading to shooting, degree of the photographer’s intent, degree and distance of photographing, image of the photographed original body, and importance of a specific body part (see, e.g., Supreme Court Decision 2008Do707, Sept. 25, 2008).

In light of the above legal principles, it is sufficient to view it as the case where the body of another person, which may objectively cause sexual humiliation or sense of shame, has been taken.

Defendant’s assertion is without merit.

3. The defendant had a record of having been sentenced to a fine and a suspended sentence as to the prosecutor's unfair argument of sentencing or the attempted crime, and of having been sentenced to a suspended sentence and a suspended sentence.