The legal interests and interests of Article 13(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the standard for determining whether a part taken by using a camera, etc. constitutes “the body of another person which may cause sexual humiliation or shame” as provided in the said Article.

Article 13(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012) (see current Article 14(1))

[Plaintiff-Appellant] 2008Do7007 decided September 25, 2008 (Gong2008Ha, 1516)

Defendant

Defendant

Law Firm Lee & Lee, Attorneys Oh Jeong-soo et al.

Gwangju District Court Decision 2013No373 Decided July 3, 2013

The appeal is dismissed.

The grounds of appeal are examined.

Article 13(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012; hereinafter “former Act on Special Cases Concerning the Punishment 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 a camera or other similar mechanism, shall aim at protecting the victim’s freedom not to be taken without permission. Whether the recorded body constitutes “the body of another person, which may cause sexual humiliation or shame” should be 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 age group, such as the victim’s clothes, the degree of exposure, etc., as well as the place and degree of photographing the photographer’s intent, the degree of photographing, the distance of photographing, and the body and body of the taken body, etc. of the victim, and whether the body and body of the victim should be individually determined.

The court below affirmed the judgment of the court of first instance which found the defendant guilty of all the charges of this case on the ground that the defendant's taking of the victim's et al. three times against the victim's will and the victim's et al. taken by the defendant constituted "any other person's body that may cause sexual humiliation or shame" under Article 13 (1) of the former Act on Special Cases concerning the Punishment of Sexual Violence.

Examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted by the first instance court, the lower court’s measure is justifiable. In so doing, contrary to what is alleged in the grounds of appeal, there were no errors by misapprehending the legal doctrine regarding “the body of another person who may cause sexual humiliation or shame” as provided by Article 13(1) of the former Act on Special Cases concerning the Punishment of Sexual Violence, or by misapprehending the legal doctrine regarding “the body of another person, who

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim So-young (Presiding Justice)