The prosecutor's appeal is dismissed.

1. The summary of the facts charged in the instant case and the summary of the judgment of the court below are as follows: from around 10:42 on February 19, 2017 to around 10:47, the Defendant taken three times the body parts of the victim’s body, such as the buckbucks inside the bucks, which may cause a sense of sexual shame against the victim’s will, by taking the body parts of the victim’s victim’s victim, who was sittingd with a short bucker, using the phone-Carrying 7 mobile phone functions within the subway train from around 10:42 on the part of the Defendant.

As to the above, the court below held that each photograph taken at the time of the instant case had been taken by 3 to 4 passengers in the surrounding area in addition to the women specified as the victim, and that the specific body part of the above women was emphasized in light of the degree of photographing the above photograph.

It is difficult to see that the body of the above woman taken in the above photograph is “the body of another person, which may cause sexual humiliation or sense of shame,” and it is difficult to see that the body of the above woman taken in such photograph is “the body of another person,” as it is difficult to see that the given woman’s telegraph was taken

Based on the judgment, the defendant was acquitted.

2. When expanding the photograph taken by the defendant of the summary of the grounds for appeal, the body of the defendant can be seen as satisfying his/her sexual desire and causing a sense of sexual shame of the victim. Considering the legislative intent of Article 14 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes, which intends to prevent harm caused by the defendant's intent and technological development, the part recorded in the above photograph falls under "the body of another person who may cause sexual humiliation or shame".

Therefore, the judgment of the court below which acquitted the defendant is erroneous in the misapprehension of facts and legal principles.

3. Determination on whether a deliberation was made

A. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes may cause sexual humiliation or humiliation using a camera, etc.