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

1. Around 09:10 on January 17, 2014, the Defendant, at around 09:10 on the road located in Gangnam-gu Seoul, and the victim C (V, 25 years old), and D (V, 23 years old), her her block, etc., taken by using the Defendant’s cell phone camera function.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame by using a mechanical device with a camera function against his will.

2. In the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, punishing the act of photographing another person’s body, which may cause sexual humiliation or shame against the latter’s will, using a camera or other similar mechanism, is to protect the victim’s sexual freedom and freedom not to be taken without permission. As such, whether the photographed body constitutes “the body of another person, which may cause sexual humiliation or shame” objectively, shall be determined specifically, individually, and alternatively, by taking into account not only the victim’s clothes, screen, degree of exposure, etc., but also the circumstances leading to the photographer’s intent, the place and distance of photographing, the image of the photographed body, and whether the body part of the specific body body body body part, etc., in light of the following as a whole: (a) whether the taken body constitutes “the body of another person, which may cause sexual humiliation or shame.”

(See Supreme Court Decision 2008Do7007 Decided September 25, 2008, etc.). According to the records, the defendant taken three parts of the defendant's body without the express consent of C and D in the date and time, place, and subject to the recording of the indictment. The facts charged in this case relate to the defendant's photographing of the victim C and D at the time and place specified in the facts charged, and photographs constituting the facts charged are three copies of the investigation records.