The defendant shall be innocent.

On February 19, 2017, from around 10:42 to 10:47, the Defendant taken the body parts of the victim, which may cause a sense of sexual shame, against the victim’s will, by photographing the body parts of the victim’s victim’s victim’s victim’s body parts, such as the body parts inside the inner buckbucks and bucks, where it is impossible to find out that the victim’s name, which he/she owned by the Defendant, was short by using the cellphone 7 mobile phone functions within the subway train.

Judgment

Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Etc., which punishs acts of photographing another person's body, which may cause sexual humiliation or shame against the latter's will using carmera or other similar devices, is to protect the sexual freedom of victims of personality and freedom not to be taken without permission.

Whether the body of another person, which may cause sexual humiliation or sense of shame, constitutes “the body of another person” of the victim objectively, should be determined by taking into account whether the general level of the victim’s sex and age group falls under the body that may cause sexual humiliation or shame from the perspective of the average person, as well as the degree of exposure, etc. of the victim concerned, taking into account not only the intent of the photographer, the background leading up to the photographer’s intent, the place and location of photographing, the degree of photographing and distance, the image of the photographer taken, and the importance of a specific body part (see Supreme Court Decision 2008Do707, Sept. 25, 2008, etc.). According to the evidence duly examined by the court, in light of the place and degree of photographing, and the distance of photographing, etc., it appears that the defendant was presumed that he was seated in a subway prior to operation of a subway, etc. as at the time the photograph was taken by the victim.