The defendant is innocent.

1. Around August 5, 2015, at least 19:27, the Defendant: (a) carried out the Defendant’s Samsung Ggaltha function of the Defendant’s Samsung Galthothy of the first underground floor E located in Jung-gu Seoul, Jung-gu, Seoul, and carried out the short half of the Defendant’s Samsung Galthya function, the victim F (M, 27 years of age)’s 100 consecutive balth of the balthy.

On June 22, 2015, the Defendant taken the bridge of the victimized women from around 18:30 to the above temporary date by the aforementioned method 45 times in total, as indicated in the list of crimes in the attached Table.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

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

Therefore, whether the recorded body of another person can cause sexual humiliation or shame should be objectively determined by taking into account whether the body falls under the body that may cause sexual humiliation or shame from the standpoint of the general and average person of the same gender and age group as the victim, as well as the degree of exposure, etc. of the victim in question, as well as the background leading up to the photographer’s intent, place and distance of photographing, image of the taken body, etc.

(See Supreme Court Decision 2008Do7007, Sept. 25, 2008). Each photograph submitted as evidence and the statement made by the defendant to an investigative agency.