The prosecutor's appeal is dismissed.

1. The decision of the court below which acquitted the Defendant of the facts charged of this case is erroneous in the misapprehension of facts and affected the conclusion of the judgment, although each taking part of the attached list of crimes (hereinafter “crime list”) Nos. 1 through 12 shall be deemed to constitute “the body of another person who may cause sexual humiliation or shame.”

2. As provided by Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, whether the recorded body constitutes “the body of another person who may cause sexual humiliation or shame” shall be objectively determined by taking into account whether the generality of the victim’s sex and age group equal to the victim’s personal body constitutes “the body of another person who may cause sexual humiliation or shame.” In addition, the lower court’s determination is just based on the following legal principles: (a) the degree of the victim’s clothes, exposure, etc. of the victim; (b) the background leading up to the photographer’s intent and filming; (c) the place, photographing, and distance; (d) the image of the taken body; and (e) the characteristic of the taken body, etc. of the taken body; and (e) whether the given body, body, etc. of another person could have been exposed to any specific sexual humiliation or a sense of shame; and (e) the lower court’s determination is just and acceptable in light of each of the aforementioned legal principles as to the given body, body, etc. of the female body.