The defendant's appeal is dismissed.

1. The part of the grounds of appeal taken by the defendant with mobile phone does not fall under another person's body which may cause sexual humiliation or shame (legal scenarios) and the punishment of the court below against the defendant is too unreasonable.

2. Determination

A. The provision of a law punishing the act of photographing another person's body, which may cause sexual humiliation or shame, by using a camera or other devices with similar functions as to the assertion of misapprehension of legal principles, is to protect the victim's sexual freedom and freedom not taken without permission.

Whether the recorded body of another person may cause a sexual humiliation or sense of shame should be objectively determined by taking into account whether the body falls under the body that may cause a sense of sexual humiliation or shame from the standpoint of the general and average person of the victim, such as the victim’s sex, age group, and the degree of exposure, as well as the background leading up to the photographer’s intent, the place, degree and distance of photographing, the image of the photographer’s photograph, the image of the photographer’s body, etc.

(See Supreme Court Decision 2008Do7007 delivered on September 25, 2008). According to the evidence duly admitted and examined by the court below, the defendant took a photograph of the rear scarcity or side scarcitys of young women who walk on or are sitting on a bus, and the body part of the female was specified as well as the body part of the female. In particular, the victim’s body part of the victim taken by the defendant constitutes “the body part of others, which may cause sexual humiliation or shame.”