성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
The defendant shall be innocent.
1. On July 20, 2017, around 18:23, the Defendant: (a) taken a body of the victim, such as bucks, bucks, etc., with gallon 8 flus owned by the Defendant, on the gallon 6 line train of the Seongbuk-gu Seoul, Seongbuk-gu Seoul Metropolitan Government in the direction subway direction; (b) the victim’s name influor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor flus
Ultimately, the Defendant took photographs of another person’s body, which may cause sexual humiliation or shame, against his will, using a camera or other similar mechanism.
2. Determination
A. Under the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the act of photographing another person's body, which may cause sexual humiliation or shame against the latter's will is to protect the victim's sexual freedom and freedom not to be taken without permission. As such, whether the body of another person is "the body of another person, which may cause sexual humiliation or shame" should objectively be determined by considering whether the body of the victim's body is "the body of another person," like the victim's sex and age representative's average person, objectively like the victim's sex and age representative, falls under the body that may cause sexual humiliation or shame from the victim's average person, as well as the degree of exposure, as well as the circumstances leading up to photographing the victim's will, the place and distance of photographing, the image of the taken body, and whether the body part of the body part of the woman's body was emphasized as evidence (see, e.g., Supreme Court Decisions 208Do707, Sep. 25, 2008; 208Do284, etc.).