The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. In a case where a person, who had taken his body by himself, taken a photograph of a person to be taken, distributes the taken photographed materials against the will of the person to be taken taking the photographed materials, the judgment of the court below which acquitted him of the facts charged, contrary to Article 14(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, is erroneous in the misapprehension of facts or in the misapprehension of legal principles

B. The sentence that the court below rendered unfair sentencing (a year of suspended sentence of one year, 2 years of suspended sentence, 40 hours of lectures to treat sexual assault, confiscation) is too uneasible and unfair.

2. Determination on the misapprehension of facts and misapprehension of legal principles

A. On September 15, 2017, the Defendant: (a) discovered the contact number of the “I” carpets members of the Internet website “I” on which the injured party was admitted at a detailed place in Seongdong-gu Seoul, Seongdong-gu, Seoul; (b) opened the H group hosting; and (c) transmitted the victim’s chest photographs against the injured party’s will to distribute them.

Accordingly, the defendant distributed the victim's body photograph that could cause sexual humiliation or shame against the victim's will.

B. The lower court rendered a judgment that acquitted of this part of the facts charged on the grounds stated in its reasoning.

(c)

A thorough examination of the lower court’s judgment and the evidence duly admitted and investigated by the first instance court in light of the above-mentioned judgment, the lower court’s judgment that acquitted of all the circumstances alleged in the lower court is justifiable.

Therefore, the prosecutor's allegation of mistake and misapprehension of legal principles is not accepted.

3. The instant crime of determining the unfair argument of sentencing is committed by the Defendant after identifying the contact point of the members of the organization to which the victim belongs in order to raise funds for casino gambling.