The defendant shall be innocent.

1. Around August 14, 2013, the Defendant: (a) around 19:20 on August 14, 2013, at the subway 3-gu Esplate located in the Seo-gu, Seo-gu, Seo-gu, Seoul, the Defendant taken pictures of the victim’s her her her her her her her her her her her her her her her herb and her herbbs by suffering short reflects that the buck paper revealed; and (b) using the Defendant’s her her her herb

Accordingly, the defendant taken the body of the victim who could cause a sense of sexual shame by using the camera function of the mobile phone against his will.

2. Determination

A. The defendant acknowledged the fact that he taken the victim's rear habits, but asserted that the victim's rear habits was removed from the cell phone after photographing the victim's rear habits.

B. Article 14-2(1) of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims thereof (Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes) intends to protect a person’s sexual freedom and freedom not taken without permission, by using a camera or other similar mechanism that may cause sexual humiliation or shame against his/her will.

Whether the recorded body of another person 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 sense of sexual humiliation or shame from the standpoint of the general and average person of the victim, such as the victim’s sex, age group, and the degree of exposure, as well as the background leading up to the photographer’s intent, the place, degree and distance of photographing, the image of the photographer’s photograph, the image of the photographer’s body, etc.

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