The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

Sexual assault, 40 hours against the defendant.

1. The decision of the court below on the gist of the grounds for appeal (one-year imprisonment) is too unreasonable.

2. It shall be considered ex officio prior to the judgment on reasons for ex officio appeal due to changes in indictment.

In the first instance trial, the prosecutor applied for the amendment of the indictment with the following [the reasons for the judgment in multiple times] (the prosecutor applied for the amendment of the indictment on January 7, 2020 and on February 4, 2020). Since the subject of the judgment was changed by the court's permission, the judgment of the court below is no longer maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

【Grounds for the Judgment of the Supreme Court 【The defendant is a person who has been in a relationship with the victim B (n, 21 years of age).

1. No person shall photograph the body of a person against the will of the person subject to photographing, using a camera or any other mechanical device equipped with similar functions, which violates the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

Nevertheless, at around 19:53 on August 20, 2018, the Defendant taken pictures of the body of the victim three times without consent, as shown in the attached Table of Crimes List (1), including taking photographs of the upper half of the body of the victim, where the victim wears the brue and brue using the cell camera function of the Defendant’s cell phone at an influoric care room located in Bupyeong-si, Seocheon-si, Seocheon-si, 2018.

Accordingly, the defendant is against the victim's will that may cause sexual humiliation or shame by using the mobile phone camera function.