A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 13, 2017, the Defendant, at around 17:03, taken a 12-round 12-round 2017, using a portable phone with a camera function, following a female victim, who is walking at the exit-gu 12-round Damar. The Defendant taken the parts of the body of the victim, using a portable phone with a camera function.

In addition, the Defendant taken the video images of the victims in total three times from July 13, 2017 to July 17:03 of the same day by the aforementioned method, as shown in the list of crimes in attached Form 2, from around July 13, 2017.

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.

Summary of Evidence

1. Statement by the defendant in court;

1. The total list of seized articles;

1. Determination as to the Defendant and his/her defense counsel’s assertion of the investigation report (Attachment of seized pictures), investigation report (investigation into the course of movement of the criminal suspect), investigation report (digital sirens response, etc.), investigation report (Attachment of a photograph to the closure of the video related to the crime)

1. With respect to the crime No. 1 of the list of crimes committed by the accused’s summary, the body of the victim taken by the accused does not constitute another person’s body that may cause sexual humiliation or shame of shame.

2. Determination

A. Article 14-2(1) of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims, which punishs acts of photographing another person’s body, which may cause sexual humiliation or shame against the latter’s will, using a camera or similar mechanism, is to protect the victim’s sexual freedom and freedom not to be taken without permission.

Whether the photographing body constitutes “the body of another person who may cause sexual humiliation or shame” or not is objectively sexual humiliation or shameed from the standpoint of the average person who is sexually equal to the victim.