The prosecutor's appeal is dismissed.

1. In light of the motive behind the Defendant’s taking of the victim’s photograph, the victim’s location among the pictures of this case, and the use of the camera’s enlarged function before taking the photograph, etc., the Defendant taken the body of another person, who may cause sexual humiliation or shame, against his will.

must be viewed.

2. In light of the fact that the interpretation of penal law should be strictly interpreted in accordance with the records of this case and the principle of statutoryism, the court below taken another person's body, "it may cause sexual humiliation or humiliation," on the grounds stated in its reasoning, in light of the place of photographing of this case, angle of shooting, body part, etc.

It is difficult to see

Since the prosecutor's assertion is legitimate, it is without merit.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.