성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
The prosecutor's appeal is dismissed.
1. The summary of the facts charged in the instant case and the summary of the judgment of the lower court are as follows: (a) around July 20, 2017, the Defendant taken the body part of the victim’s body against the victim’s will that may cause sexual humiliation or humiliation against the victim’s will, by taking the body of the victim’s body, such as bucks and bucks, fucks, etc., of the victim’s cell phone juk galle on the next part, where the Defendant 18:23 around the 18:3rd of Seongbuk-gu Seoul Seongbuk-gu, and the victim’s name and fright (e.g., the lower court’s age) was left in the train of the line 6-line subway, which passed along the galle basin of Seongbuk-gu Seoul.
In regard to this, the court below, although the video taken by the defendant revealed the part of a woman's body, i.e., a bridge part, but it is difficult to see that the body of the woman taken in the motion picture falls under "physical body which may cause sexual humiliation or sense of shame" of the woman's body, and it is hard to see that the body of the woman taken in the motion picture falls under "physical body which may cause sexual humiliation or sense of shame" of the front body part of the bridge part, i.e., a specific body part of the body, and it is hard to see that the degree of exposure of the taken woman was excessive exposure beyond the ordinary level ordinarily seen in the street or indoor, and it is not deemed that the degree of exposure of the exposed woman was in excess of the normal level ordinarily seen in the street or indoor, and it is proved without reasonable doubt that the body of the woman taken in the motion picture falls under "the body of
It is difficult to see
Based on the judgment, the defendant was acquitted.
2. The gist of the reasons for appeal was taken by the telegraph of the body of the victim, but most photographs or videos taken by the defendant were exposed to the surface of the bridge, etc., the intensive pictures of women within the subway trains during the retirement time period, and photographs taken by the defendant for other purposes.