The defendant is innocent. The summary of this judgment shall be notified publicly.

1. Each of the facts charged

A. On July 5, 2015, the Defendant, at around 22:00, took visual images of the victim, who talked with the victim D ( South and North years of age 41) and drinking cudio 301, following the victim’s mobile phone, and talked with the victim with his/her face-to-face talked with the victim.

As a result, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera or other similar mechanism.

B. At around 22:56 on the same day, the Defendant sent the video recorded as above in C’s above C’s 301 to E, the Defendant’s friendly son’s friendly son.

As a result, the defendant provided the body of the victim who could cause sexual humiliation or shame, using a camera or other similar mechanism, to take photographs against his will.

2. Determination

A. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Etc. of Sexual Crimes, which punishs an act of photographing another person’s body, which may cause sexual humiliation or sense of shame by using a camera or other similar mechanism, is to protect the freedom of not being taken without consent of the victim of a personality chain.

Whether the photographing body of a victim constitutes “the body of another person who may cause sexual humiliation or shame” is objectively considered in view of whether the body falls under the body that may cause sexual humiliation or shame from the perspective of the general and average person of the same gender and age group as the victim, and in addition, not only the victim’s clothes, pictures, degree of exposure, etc., but also the circumstances leading up to the photographer’s intent, the place, degree and distance of photographing, the image of the photographing body, and the specific body.