The defendant shall be innocent.

1. No person prosecuted shall photograph the body of another person against his/her will, using a camera or other mechanical device with similar functions, which may cause sexual humiliation or sense of shame;

The defendant is a person who feel sexual interest from another person's appearance.

[2015 Highest 872]

A. On June 29, 2015, the Defendant taken one time each of the victims’ occurrence using the Defendant’s smartphone camera, which was in possession of the computer table, to take a shooting of the victim E (V, 17 years of age) and the victim F (V, 17 years of age) at the D clock located in Tong-si, Young-si, 2015.

[2015 Highest 1110]

B. On September 5, 2015, around 11:35, the Defendant discovered the victim H (the age of 18) from the 1st floor of the G Building in Tong-gu, Sigdong-si, the Defendant taken the victim’s hair using the Defendant’s smartphone camera, who was in possession of the victim, with a view to shooting the victim’s h (the age of 18).

(c)

On October 1, 2015, the Defendant tried to take a clock of the victim K (n, 21 years old) at the JC At F, which was located in Tong-si I on October 1, 2015, to sit in a computer seat suitable for the victim, and to take a clock using the Defendant’s smartphone camera, which was in possession of the Defendant before entering the computer table, but was exposed to L and did not result in attempted crimes.

2. Determination

A. Article 14(1) of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims thereof, which punishs acts of photographing another person’s body, which may cause sexual humiliation or shame against the latter’s will, or openly displaying the taken objects against the latter’s will, using a camera or similar mechanism, is aimed at protecting the sexual freedom of the victim of personality chain and the freedom of not being taken without permission, so the recorded parts are “sexual humiliation.”