The prosecutor's appeal is dismissed.

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes provides for the prosecutor’s appeal reasons (misunderstanding of facts and misapprehension of legal principles) as the term “sexual humiliation or humiliation” in the same way. Thus, if a body of another person, which may cause sexual humiliation or sense of shame, constitutes a requirement for the crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a camera, etc.). Considering the legislative intent of the aforementioned provision, sexual humiliation should be interpreted not only to have sexual humiliation from the perspective of ordinary people but also to include Defendant’s sexual humiliation.

In addition, even if only one body part itself is not a symbol that is a sexual symbol, if the part clearly becomes a sexual object in light of the defendant's intent to photograph, it should be viewed as the body that may cause a sense of sexual shame.

Nevertheless, the lower court erred by misapprehending the legal doctrine on Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes or by misapprehending the legal doctrine on the punishment, etc. of sexual crimes, thereby adversely affecting the conclusion of

2. The judgment below held that Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes, which punishs the act of photographing another person's body, which may cause sexual humiliation or shame against the latter's will, using a camera or other similar mechanism, shall aim at protecting the victim's sexual freedom and freedom not to be taken without permission, and whether the taken part constitutes "the body of another person, which may cause sexual humiliation or shame" as objectively identical to the victim, shall be objectively taken into account whether the general part of the victim's sex and age group falls under the body that may cause sexual humiliation or shame from the perspective of highly average people, as well as the degree of exposure, etc. of the victim in question.