The defendant is innocent. The summary of this judgment shall be notified publicly.

1. On June 27, 2017, the Defendant discovered the victim D (the age of 37) who waits for trains from the subway No. 2 subway No. 3, the subway No. 2, the subway No. 2, the subway No. 3, the Sin-si, Daegu Sin-gu, Daegu-gu, on the 2017. On the other hand, the Defendant taken a photograph against his will, at the time of gallon-ro, J3 mobile phone-ro, the victim’s bridge, etc.

From June 14, 2017 to June 20:51, 2017, the Defendant taken pictures against their will of victims who could cause sexual humiliation or shames by using J3-on camera when the instant gallon block, as indicated in the list of crimes in the attached Table of crimes, from around 18:38 to June 27, 2017, at the subway station, F Station, etc. and bus, etc. located in the said subway 2 lines C Station or Daegu Jung-gu E, on a total of 47 occasions.

2. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Etc. of Sexual Crimes, which punishs an act of photographing another person’s body, which may cause sexual humiliation or shame against the latter’s will, using judgment camera or other similar devices, is to protect the victim of personality without the victim’s sexual freedom and without the latter’s consent.

Whether the recorded body of another person may cause sexual humiliation or shame should be objectively determined by taking into account whether the general body of the victim, such as the victim’s sex and age group falls under the body that may cause sexual humiliation or shame from the perspective of an average person, as well as the degree of clothes, pictures, exposure, etc. of the victim in question, as well as the circumstances leading up to the photographer’s intent, place and location of photographing, degree of filming and distance of photographing, image of the taken body, etc. (see, e.g., Supreme Court Decision 2008Do7007, Sept. 25, 2008). This court is legitimate in its own sense in light of the following: