The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. On July 30, 2017, around 15:00, the Defendant taken the victim’s body, who could cause sexual humiliation or sense of shame, against the victim’s will, in front of D, near D/C in Busan Metropolitan City, by photographing the victim’s body, F/L on the part of the victim F/L (n, 21 years old), and the part of the bridge in his/her possession, etc., on two occasions.

2. Determination:

A. Article 13(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes intends to protect the freedom of sexual freedom of victims of personality chain and without permission to take photographs of another person’s body, which may cause sexual humiliation or shame against their will, using the camera or other similar devices with similar functions.

Whether the photographing body of another person 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 same gender and age group as the victim, as well as the degree of exposure, etc. of the victim, taking into account not only the circumstances leading up to the photographer’s intent, the place and the distance of photographing, the image of the taken body, and the importance of the specific body parts, etc. (see, e.g., Supreme Court Decision 2008Do7007, Sept. 25, 2008). (b) According to the evidence duly adopted and investigated by the court, it is recognized that the defendant taken the body of the victim as stated in the facts charged, such as the date and time, place, and location of photographing, and the distance of photographing, the image of the taken body, etc.

However, examining the following circumstances revealed by the above evidence in light of the legal principles as seen earlier, it is inappropriate for the Defendant to act as above.