Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (two years of imprisonment, three years of suspended execution, etc.) is too unreasonable.

B. Prosecutor 1) The right to sexual self-determination, which is the legal interest of the crime of mistake of facts and misapprehension of legal principles (not guilty part of the judgment of the court below), includes the right to decide on sexual intercourses, etc. Even though the victim consented to sexual intercourses with the defendant. In other words, the victim expressed his/her intention of refusal as to photographing the defendant, such as: ① the victim’s sexual intercourses with the defendant from the time of sexual intercourses with the defendant; ② the victim at the time of the instant case cannot effectively resist the defendant’s behavior under the influence of alcohol, but in such circumstances, he/she expressed his/her dissenting opinion as to “the act of sexual intercourses while photographing the defendant; ③ the victim expressed his/her intention to not engage in sexual acts at least “the act of photography while photographing the defendant;” the victim expressed his/her intention to not engage in sexual acts at least after the instant indecent act, and thus, it cannot be deemed that the victim gave his/her consent to sexual acts as in this case’s mobile phone and his/her sexual act constitutes an indecent act of the victim.