The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

No. 1 of the seized evidence

1. Summary of grounds for appeal;

A. The Defendant, by misapprehending the legal doctrine, taken the victim’s nudial model during the class hours of “nicking in the human body,” and the Defendant did not have any intent to cause sexual humiliation or shame, and did not go against the intent of the victim.

B. The sentence that the lower court sentenced to the Defendant (an amount of KRW 4 million, order to complete a program, confiscation) is too unreasonable.

2. Determination

A. As to the assertion of misapprehension of the legal doctrine, Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes provides that the act of photographing another person’s body, which may cause sexual humiliation or shame, shall be punished against the latter’s will by using a camera or other similar devices, thereby protecting the victim’s sexual freedom and freedom not taken without permission.

The defendant has taken a back her body condition, and it is not necessary to make clear that the back her body part of others, which may cause sexual humiliation or shame, falls under the body part of others, and there is no intention to cause sexual humiliation or shame to the defendant.

In addition, the defendant's taking of the body of the victim does not go against the victim's will, solely on the ground that he/she had participated as a nud model in the human body so that he/she had been a part in the class.

subsection (b) of this section.

Therefore, this part of the defendant's assertion is rejected.

B. As to the unfair argument on sentencing, the Defendant was under the developmental rehabilitation treatment, such as play and language therapy, because he was unable to care well with his friendship, and was diagnosed as “Isper Masper Ma that experienced difficulties in personal relations as a result of the examination conducted by the hospital at high school.”

The defendant shows a passive attitude in relation to the opposite and interested parties, so he is not well aware of social issues.