The defendant shall be innocent.

Indictment

1. On May 18, 2015, the Defendant taken a photograph by using the victim’s mobile phone camera function, using the victim’s her mare off and her clothes, after having sexual intercourse with the victim E (n, 25 years of age) who met at the string room of “D hotel” located in Dongdaemun-gu Seoul, Dongdaemun-gu Seoul.

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame of another person, against his will.

2. On May 18, 2015, the Defendant: (a) used the title “G” to the F, an Internet site, at a scarcity in the instant “D hotel”; (b) used the title “G” to describe the circumstances leading up to having sexual intercourse with the victim; and (c) posted the victim’s photograph taken as above on the said website bulletin board to distribute it.

Accordingly, the Defendant distributed photographs taken by another person's body, which may cause sexual humiliation or shame, against his will.

Judgment

The burden of proof for the facts constituting an offense prosecuted in a criminal trial is to be borne by a public prosecutor, and the conviction shall be based on the evidence with probative value that leads a judge to feel true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, the interests of the defendant should be determined even if there is doubt as to the defendant's guilt (see Supreme Court Decision 2006Do735, Apr. 27, 2006, etc.). The defendant and his defense counsel asserted that the defendant only posted a false photograph taken by the defendant on the Internet bulletin board as if he was the victim's photograph, and the photograph at issue in this case is not a photograph taken of the victim's body.

The question is whether the pictures at issue in this case have taken the body of the victim.