The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. Ex officio determination

A. Article 13(1) of the former Act on Special Cases of Sexual Violence and Article 14(1) of the Act on Special Cases concerning Sexual Violence, which punishs acts of photographing another person’s body, which may cause sexual humiliation or shame against the latter’s will by using a camera or other similar mechanism, is to protect the victim’s sexual freedom and freedom of not being taken without permission.

Whether the recorded body of another person may cause a sexual humiliation or sense of shame should be objectively determined by taking into account whether the body falls under the body that may cause a sexual humiliation or sense of shame from the standpoint of the general and average persons of the same gender and age group as the victim, as well as the degree of exposure, etc. of the victim in question, as well as the background leading up to the photographer's intent, the place, degree and distance of photographing, the image of the photographer's photograph, the image of the photographer's photograph, and the importance of the specific body part.

(See Supreme Court Decision 2008Do7007 Decided September 25, 2008). B.

In this case, according to the evidence duly adopted and examined at the court below's ex officio, especially the specific photograph of the date of shooting, etc., among the annexed list (1) through (18) of the court below's judgment, the following are met.

The remainder of the part other than the part stated in paragraph (1) is the victim's muck, buckbucks, buckbucks, and bridge parts which the defendant suffered short bucks and photographs close to the victim. It is determined that the remaining part constitutes "the body of another person, which may cause sexual humiliation or sense of shame," in light of the size and place of the photograph, the distance, and the number of photographs taken.

C. However, the following circumstances acknowledged by the above evidence are attached to the judgment below.