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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (misunderstanding of legal principles) is deemed to have taken photographs of two copies of the facts charged taken by the Defendant (hereinafter “each of the instant pictures”) as to the body of another person that may cause sexual humiliation or shame, but the lower court determined otherwise and sentenced the Defendant not guilty of the facts charged in the instant case. In so doing, the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.
2. Determination
A. Around 15:00 on July 30, 2017, the Defendant taken the victim’s body, who could cause sexual humiliation or sense of shame, against the victim’s will, by photographing the victim’s body, the victim F (V, 21 years old), the chest part, and the bridge part of the bridge, etc., playing in the back of the back of the back of the back of the DNA located in Busan Shipping Daegu C, Busan. In front of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of his possession.
B. According to the following circumstances acknowledged by the record, the lower court determined that it is insufficient to recognize that each of the pictures of this case was taken of another person’s body that may cause sexual humiliation or shame, and that there is no other evidence to acknowledge it, and sentenced the Defendant not guilty.
(1) Although a female exposed to a knife, it did not reach excessive exposure beyond the ordinary level in light of place, time, circumstances, etc., and only the Defendant taken the Defendant’s upper half or entire form in other background from a considerable distance of distance.
② The Defendant taken a natural image, such as a fluoring or talking with a victimized female into a smartphone, and did not take such image as an excessive exposure to a specific attitude or its consequence.
③ Each of the instant pictures is ordinarily set by the general public, not by a special angle or special method.