The prosecutor's appeal is dismissed.

1. Comprehensively taking account of the evidence presented by the prosecutor as to the grounds of appeal, it is sufficiently recognized that the defendant taken the body of the victim who may cause sexual humiliation or shame as stated in the facts charged of this case against his will and provided the photograph to another person.

Nevertheless, the judgment of the court below which acquitted the charged facts of this case is erroneous by misapprehending the facts and affecting the conclusion of the judgment.

2. Determination

A. A summary of the facts charged 1) On July 5, 2015, the Defendant took visual images of the victim’s telephone conversations with the Defendant, following the Defendant’s cell phone call, with the Defendant’s cell phone call, around 22:00 and 41 years old, while drinking the Victim D and 41 years old, and drinking the Victim D and 41 years old.

As a result, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera or other similar mechanism.

2) At around 22:56 on the same day, the Defendant sent the motion picture taken as above in subparagraph 1 of paragraph (1) to E, who is the Defendant’s friendship, the Defendant sent the motion picture recorded in subparagraph 301 of the above C at F message.

As a result, the defendant provided the body of the victim who could cause sexual humiliation or shame, using a camera or other similar mechanism, to take photographs against his will.

B. Determination 1) The lower court is deemed to have taken the victim’s appearance that the Defendant had exposed to the upper half of the body, but comprehensively taking account of the following circumstances, it cannot be deemed that the physical part of the victim’s body taken by the Defendant constituted a body that may cause sexual humiliation or shame from the perspective of an average person, such as the victim’s gender and age group, and the evidence of the prosecutor’s submission alone does not constitute a body that may cause sexual humiliation or shame.