The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The victim of the misunderstanding of facts explicitly and implicitly consented to the photograph of the video in question.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 4 million) is too unreasonable.

2. Determination

A. The lower court’s judgment as to the assertion of mistake of fact seems to have shown the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, namely, in the video of this case, as seen by the victim’s view of the mobile phone camera while enjoying in the beds, but the victim was unaware at the investigative agency of the appearance that the Defendant would make another speech or find a telephone number.

In light of the above images, the defendant made a statement to the effect that the photographing of the victim was completed when he taken a different place within the scope of the screen and taken another place within the scope of the victim, and that the defendant made a statement to the investigative agency to the effect that "at the time of shooting, the victim had talked about his obligation with the victim at the time of shooting, and the victim had taken only the victim," and in the request for a formal trial, the victim witnessed the scene of the photograph and "d

‘I am' that the defendant is about to see when the defendant is married.

“In the lower court’s ruling, the motion picture taken by the victim and the victim at the time of the confession of the facts charged was stated in the court below, and the motion picture taken by the victim and the victim were also seen in the same manner.

In light of the fact that the consent of the victim, etc. and the statement on the method was not consistent, the defendant does not seem to have given the consent of the victim in photographing the motion picture of this case.

Therefore, this part of the defendant's argument is without merit.

B. The video images taken by the Defendant to determine the unfair argument of sentencing are contents that could make the victim feel a considerable sense of sexual humiliation. However, the Defendant is driving once due to drinking.