The defendant shall be innocent.

On June 1, 2017, the Defendant took the body of the victims who might cause sexual humiliation or sense of shames against their will by taking the body of the victims who are employees of the Defendant’s Da (n, 25 years of age), D (n, 25 years of age), and E (n, 25 years of age) using the Defendant’s 5 mobile camera function, while drinking alcohol in the 3rd floor of the Gu B building in Ansan-si, around 02:55 on June 1, 2017.

Judgment

Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Etc., which punishs acts of photographing another person's body, which may cause sexual humiliation or shame against the latter's will using carmera or other similar devices, is to protect the sexual freedom of victims of personality and freedom not to be taken without permission.

Whether the body of another person, which may cause sexual humiliation or sense of shame, constitutes “the body of another person,” or not 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 of an average person, as well as the degree of exposure, etc. of the victim concerned, taking into account not only the intent of the photographer, the background leading up to the photographer’s intent, the place and location of photographing, the degree of photographing and distance, the image of the photographer taken, and the importance of a specific body part (see, e.g., Supreme Court Decision 2008Do7007, Sept. 25, 2008). According to the evidence duly examined by the court, the fact that the victim’s body was exposed to the victim’s body, which the defendant was suffering from the short body of the victim, can be acknowledged, but even if the victim D and E make a statement, the victim merely emphasized the victim’s body part to the victim’s body.