The judgment of the court below is reversed.

Defendant shall be punished by a fine of two million won.

The above fine shall not be paid by the defendant.

Summary of Grounds for Appeal

The defendant tried to photograph the body of the victim at the time and place stated in the facts charged, but did not reach the number of pages.

The sentence of the lower court on unreasonable sentencing (2 million won of fine and 40 hours of order to complete a sexual assault treatment program) is too unreasonable.

On July 19, 2018, around 22:15, the defendant discovered that the victim D (the victim's name, the 21 year old age) suffered from the fess, and recorded the victim's fess, using the mobile phone camera function.

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.

The lower court found the Defendant guilty of the instant facts charged by taking account of the evidence presented in its judgment.

Comprehensively taking account of the following circumstances that can be recognized by the records of the party deliberation, the evidence submitted by the prosecutor alone cannot be deemed as proved beyond reasonable doubt that video information, such as the victim’s body, etc., which could actually cause sexual humiliation or shame, has reached the conclusion of the crime by inputting it into a cell phone storage device.

Therefore, the defendant's argument is justified.

1. The video files taken by the Defendant were not produced as evidence, and the video images taken at the time were not discovered in digital sirens on the two mobile phones used by the Defendant (whether or not they were taken as a cell phone).

At the time of shooting, the defendant taken the back camera of the cell phone with the upper camera, and the video file at the time of escape after the discovery of the crime.