The defendant shall be innocent.

On March 15, 2016, the Defendant discovered a female victim on his name at the 3-2 platform at the Don basin located in Mapo-gu Seoul, Mapo-gu, Seoul. On March 15, 2016, the Defendant taken a photograph of the victim’s body against the victim’s will by photographing approximately five seconds of her her tam, using a small camcam of the vehicle heating chain model that had been held after the victim.

Judgment

Article 14-2(1) of the Act on the Punishment of Sexual Crimes and Protection of Victims, 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 other 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 sense of 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, e.g., Supreme Court Decision 2008Do7007, Sept. 25, 2008). The Defendant asserts to the effect that, while taking a video image, he did not intentionally photograph another person’s body, which may cause sexual humiliation or sense of shame, due to the fact that he or she took a scamhylll, body, or body of a woman with no real name, and that he or she did not have taken a scamhyl, body, or body of a woman with no real name.

In light of the records, the records are examined.