The judgment below

Among them, there is a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Victims F.

1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, the court below acquitted the defendant on the ground that the defendant could have found the fact that the defendant taken the body of victims on his cell phone at the time stated in the facts charged.

2. Summary of the facts charged

A. On July 28, 2017, the Defendant, within the history of subway E, located in Young-gu, Young-si, Young-si, Suwon-si, and taking a photograph of the victim’s spawn by using the video function of cellular phones attached immediately after the victim, who is in the name of escalator in the upper direction by suffering spathal and suffering from spathal.

B. The Defendant, at the time, at the time, and at the place of the above paragraph 1 above, recorded the fat of the victim F (n, 35 years old), who was on board an escalator in the upper direction, using the video function of the cellular phone, and taken the fat of the victim’s fat.

Accordingly, the Defendant taken the body of the victims who could cause sexual humiliation or shame over a total of twice as seen above against their will.

3. The lower court: (a) deemed that at the time indicated in the facts charged: (b) at the time indicated in the charge, the Defendant used a mobile phone toward the lower part of the victim’s body; (b) deemed that the Defendant used a mobile phone while operating the flamer function or lighting function immediately attached to the victim even at the time indicated in the charge; (c) however, the Defendant taken the body part of the victims who could cause sexual humiliation or shame using a camera app at the time indicated in the charge.

The charges of this case were acquitted on the ground that there is insufficient evidence to determine the person.

4. Determination on whether a deliberation was made

A. Article 13(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes against Victims of the Victim’s Name (using and photographing a camera, etc.) provides that “a crime of photographing a camera, etc. using a camera, etc.” shall be committed using a camera, etc.