The defendant shall be innocent.

1. At around 18:30 on June 1, 2015, the Defendant: (a) taken four-times of subway 4 lines D-2 platforms in Jung-gu Seoul, Jung-gu, Seoul, using the Defendant’s cell phone image shooting function; and (b) taken off the fucks below the fucks of E, seated with the Defendant.

2. Determination

A. Whether the photographed body constitutes “the body of another person who may cause a sexual humiliation or sense of shame” should be objectively determined by taking into account whether the body falls under the body that may cause a sexual humiliation or sense of shame from the perspective of the general and average person of the same gender and age group as the victim, as well as the circumstances leading to the photographer’s intent as well as the degree of clothes, pictures, exposure, etc. of the victim in question, the place and the location of photographing, the degree of photographing, the image of the taken body, and the importance of a specific body part, etc.

(See Supreme Court Decision 2008Do7007 Decided September 25, 2008, etc.). B.

According to the photographs submitted as evidence, the film image of a woman taken is marked at approximately 1/2 through 1/4 of the entire screen, and the above woman is a normal uniform that does not seem to be excessive exposure while standing a bridge in a subway platform with a fright, and the photograph taken by the defendant is not taken by emphasizing the specific part of a woman's body in a specific angle from the adjacent angle, but rather taken by fest distance from the whole platform image of the subway station, it is difficult to view the above photograph to have taken the body that may cause sexual humiliation or shame from the perspective of the average person of the victim, such as gender, age group, and the victim.

C. Therefore, the facts charged of this case are as follows.