The prosecutor's appeal is dismissed.

1. In full view of the fact that the meaning of "in opposition to the will," which is a constituent element of the crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter "the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes"), the meaning of "the intention" means the true intention and the defective intention by deception, and the victim consented to the photograph by recognizing the defendant as a woman by actively deceptive act. If the defendant knew that he is a male, it is obvious that he would not consent to the photograph if he was aware of the fact, the court below should find the defendant guilty of the crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the defendant, but the court below acquitted the defendant. The court below erred by misapprehending

2. In order to punish a person under Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the body of another person, which may cause sexual humiliation or shame, must be taken against his/her will.

In this regard, the circumstances mentioned in the lower court and the following circumstances, i.e., (i) the Defendant who became aware of through SNS, and (ii) the Defendant explicitly consented to the taking of the victim’s body, and (iii) the Defendant made a mistake that the Defendant, who is a man, was a woman with appearance, such as a photograph posted on the relevant SNS account, and consented to the taking of the victim’s body. However, the concept of “any defective consent or consent” and “no consent or consent” are clearly distinguishable from the concept of “any act against will” and “any act of deception or deception by deception or deception.” As such, the phrase “in contravention of the victim’s will” under Article 14(1) is clearly distinguishable from the concept of “any sexual crime” and “an act of deception or deception by deception”. Thus, insofar as there is consent to the taking of the victim’s body, the victim’s body is without the consent.