The defendant shall be innocent.

1. The summary of the facts charged of the instant case is as follows: (a) the Defendant taken a picture of the victim against the victim D’s will, using S3 Smartphone’s camera function in the gallon ju city, S3 smartphone on November 1, 2014; (b) had access to “H” in the “G” page following the Internet portal site; (c) had access to the “G 101” page after the Internet portal site; and (d) had a sign on the “G 2” page on the said camera page; and (d) had an unspecified number of members of the said university to open the victim’s photograph so that they may cause a sense of sexual humiliation or shame against the victim’s will; and (d) have taken the victim’s body against the victim’s will to cause a sense of sexual humiliation, by making use of the gallon function of S3 smartphone.

2. 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 shame against the latter’s will, by using scambamers, cameras, or other similar devices with similar functions, is to protect the sexual freedom of victims of personality chain and freedom not to be taken without permission.

Whether the photographing body of a victim constitutes “the body of another person who may cause sexual humiliation or sense of shame” or not shall be objectively taken into account whether the general body of the victim, such as the victim’s sex and age group, constitutes a body that may cause sexual humiliation or sense of shame from the perspective of an average person. In addition, it shall be relatively specific, individual, and relatively taking into account not only the victim’s clothes, pictures, degree of exposure, etc., but also the circumstances leading up to the photographer’s intent and the place of photographing, the degree and distance of photographing, the image of the photographing body, and whether or not certain body parts have been emphasized.