The defendant shall be innocent.

1. The Defendant, at around 18:45 September 15, 2017, was in possession of a flat in front of C Station in Dongdaemun-gu Seoul, Dongdaemun-gu.

gallon taken the body parts of the victim's body, such as the victim's bridge, from his own will, using the video function of 5 mobile phones, and taken the body parts of 3 victims as shown in the list of crimes in the business attached hereto.

After all, the Defendant taken photographs of another person’s body, which may cause sexual humiliation or shame, against his will, using a camera or other similar mechanism.

2. Determination

A. Under the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the act of photographing another person’s body, which may cause sexual humiliation or shame against the latter’s will is to protect the victim’s sexual freedom and freedom not to be taken without permission. As such, whether the recorded body constitutes “the body of another person, which may cause sexual humiliation or shame” should objectively be determined by taking into account whether the general average of the victim’s sex and age group equal to that of the victim falls under the body that may cause sexual humiliation or shame from the perspective of an average person, as well as the degree of exposure, as well as the circumstances leading up to the photographer’s intent, degree and distance of photographing, the image of the taken body, and whether the given body body part has emerged as evidence (see, e.g., Supreme Court Decisions 2008Do707, Sept. 25, 2008; 2008Do1284, Feb. 28, 2008).