Defendant shall be punished by a fine of KRW 1,500,000.

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

Punishment of the crime

피고인은 2013. 6. 4. 경 불상의 지하철역에서 자신의 휴대폰 카메라 촬영 기능을 이용하여 성명 불상 여성의 종아리 및 발 부분을 촬영한 후, 2013. 6. 4. 18:10 경 인터넷 ‘C’ 카페 내 ‘ 중등부 회원 직 찍 방♡’ 게시판에 카페 회원들이 볼 수 있도록 게시하였다.

As a result, the Defendant took photographs of another person’s body, which may cause sexual humiliation or shame, against his will, or displayed his photographed materials openly by using camera or other similar devices.

In addition, the Defendant taken the body of the victims four times in total from the above day to July 2, 2014 in the manner described in the list of crimes in the annexed sheet of crimes, and displayed the pictures openly.

Summary of Evidence

1. Partial statement of the defendant;

1. Investigation report (Attachment to the closure of illegal photographic data in a camera);

1. The defendant and his defense counsel asserts that each of the pictures of this case is not a photographic photograph taken of another person's body which may cause sexual humiliation or shame.

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 against his/her will using scambling, camera or other devices with similar functions, to protect the freedom of sexual freedom of victims of personality chain and without permission.

Therefore, whether the photographing body constitutes “the body of another person, which may cause sexual humiliation or shame” is objectively considered whether it constitutes “the body of another person,” such as the victim’s age group, falls under the body that may cause sexual humiliation or shame from the perspective of the general average person who is in the same gender group as the victim.