Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On March 6, 2015, at around 14:17, the Defendant, at the underground shopping district located in the subway Gangnam Station located in Gangnam-gu, Gangnam-gu, Seoul, in Gangnam-gu, in Gangnam-gu, where it is impossible to identify the Defendant’s name that he was carrying out shopping by using S4 mobile phones, taking the Defendant’s gallonies into his body and taken the body of another person, who may cause sexual humiliation or sense of shame, against his will.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Records of police seizure and list of seizure;

1. Photographs of seized articles and photographs of victims;

1. The defendant asserts that this case’s image CD (the defendant asserts that this case’s image does not constitute a case where the body of another person, which may cause sexual humiliation or shame, is taken. Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, to punish the act of photographing another person’s body, which may cause sexual humiliation or shame against the victim’s will using a camera or other devices with similar functions, is aimed at protecting the victim’s sexual freedom and right not to be taken without permission. As such, whether the recorded body constitutes “the body of another person, which may cause sexual humiliation or sense of shame” should be objectively determined in light of the victim’s sex, age group’s general and average person’s body like the victim’s body, as well as the degree of exposure, etc. of the victim’s clothes, the place and distance of photographing, and the degree of photographing, as well as the circumstances leading up to the photographing of the victim’s intent, and whether the recorded body or body of one’s body should be individually determined (see, e.g., Supreme Court Decision 2008Du708.