The defendant shall be innocent.

1. On June 30, 2017, from around 08:30 to around 08:45 the same day, the Defendant: (a) taken four victims of non-personal injury into his mobile phone cameras of the Defendant during the period from around 08:30 on June 30, 2017, in the line [77] from the commercial trade to the station (26 a. 7 a. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o

2. Determination

A. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Etc. of Sexual Crimes, which punishs an act of photographing another person’s body, which may cause sexual humiliation or sense of shame by using a camera or other similar mechanism, is to protect the freedom of not being taken without consent of the victim of a personality chain.

Whether the recorded body of another person may cause sexual humiliation or shame is objectively determined by taking into account whether the body falls under the body of the victim from the perspective of the general and average person of the same gender and age group as the victim, as well as the degree of personal exposure, etc. of the victim, as well as the background leading up to the photographer’s intent and the degree of exposure, the place and location of filming and the distance of photographing, the image of the taken body, and the importance of the specific body parts (see Supreme Court Decision 2015Do16851, Jan. 14, 2016).

B. According to the evidence adopted and investigated by this court, the following circumstances can be acknowledged.

(1) When the defendant photographs victims, all victims were seated in the subway.

Three of the four victims were suffering from a short lubane, and one was suffering from a short lubur.