All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (a year of imprisonment, etc.) is too unreasonable.

B. When misunderstanding the facts and misunderstanding of the legal principles (not guilty part of the reasoning) comprehensively takes into account the intent and background behind photographing the victim’s body on April 26, 2020, the place and distance of photographing, the image of the taken original image, etc., the photograph taken by the defendant can be acknowledged as a photographic material taken by the defendant as above under Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, “the body of a person who may cause sexual humiliation or shame.”

Even if the above photographing material does not constitute the photographing material as stipulated in Article 14(1) of the same Act, Article 14-3(1) of the same Act does not require that a person’s body be taken when threatening by using “the photographing material or reproduction which may cause sexual humiliation or shame” be established, and does not require that the person’s body should be taken.

Nevertheless, the lower court acquitted the Defendant of the facts charged in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (such as Cameras, etc.) and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Intimidation on the use of photographs, etc.).

2) The sentence sentenced by the lower court is too unhued and unreasonable.

2. Determination

A. The lower court’s determination 1 on the assertion of misunderstanding the prosecutor’s facts and misapprehension of the legal doctrine is based on the circumstances indicated in its reasoning, and on the grounds that the video taken by the Defendant on April 26, 2020 cannot be deemed as photographing “the body of the victim who may cause sexual humiliation or shame” under Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and thus, the Defendant’s crime of taking pictures, such as the camera, was committed in attempted crimes, and the above video or the photo or compilation taken by him/her may cause sexual humiliation or humiliation.