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The prosecutor's appeal is dismissed.
Reasons
1. Comprehensively taking account of the evidence presented by the prosecutor as to the gist of the grounds for appeal, the fact that the defendant began to commit a crime using camera, etc. is sufficiently recognized.
Nevertheless, the judgment of the court below which acquitted the defendant is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.
2. In light of the records, a thorough examination of the evidence of this case is conducted, and the court below, on the grounds stated in its reasoning, accessed the victim with the intent of the defendant to photograph the body photographs of the victim by only the evidence submitted by the prosecutor.
As to the commencement of a specific and direct act in order to enter video information into a mobile phone, such as focusing on the victim's right-hand part by implementing the video function of a mobile phone or the cell phone, it is insufficient to have a reasonable doubt as to the fact that there is no other evidence to acknowledge it, the facts charged in this case are just and acceptable, and there is no error of law that affected the conclusion of the judgment by misunderstanding facts.
3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.
(However, among the judgment below, the "the location of the victim's grandchildren" in Part 3 21 of the judgment below is clear that the location of the victim's grandchildren is the clerical error in the "the location of the defendant's grandchildren", and thus, the court below's ex officio rectification is made in accordance with