성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
The defendant shall be innocent.
1. At around 12:30 on June 22, 2014, the Defendant taken the body of another person, who may cause sexual humiliation or sense of shame, by photographing gallone, gallonel, and ballone of the victim E (the age of 22) with gallonel, which was placed in the Kameras, in front of the convenience points in D in Goyang-gu C, Goyang-gu. The Defendant taken the body of another person, who may cause sexual humiliation or sense of shame.
2. Determination
A. Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Etc., which punishs acts of photographing another person’s body, which may cause sexual humiliation or shame against the latter’s will, using a camera or similar mechanism, is to protect the victim’s sexual freedom and freedom not taken without permission.
Whether the recorded body of another person may cause a sexual humiliation or shame should be objectively determined by taking into account whether the body falls under the body that may cause a sense of sexual humiliation or shame from the standpoint of the general and average person of the victim, such as the victim’s sex, age group, and the degree of exposure, as well as the background leading up to the photographer’s intent, the place, degree and distance of photographing, the image of the photographer’s photograph, the image of the photographer’s body, etc.
(See Supreme Court Decision 2008Do7007 Decided September 25, 2008 and Supreme Court Decision 2008Do8642 Decided November 27, 2008, etc.) B.
According to the records, the defendant was found to have taken the following back habits, such as the defendant's lubing lubing lubs, white lubing, and lubing at the upper end of the upper end of the rub and Titts, showing a little part of her upper part under the shoulder of the victim, and not showing any part of the rub, etc.
However, recognition by the record shall be based on the following: