The defendant shall be innocent.

On March 22, 2017, at around 10:33, the Defendant taken the body of the victims, who might cause sexual humiliation or humiliation on the same four occasions in total, as shown in the list of crimes in the attached Table, from the time on March 24, 2017, by using S5 portable telephone camera functions, and in his galloning gallon, the Defendant taken the body of the victims who could cause sexual humiliation or humiliation in the same way as indicated in the list of crimes, from the time to March 24, 2017.

Judgment

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, which may cause sexual humiliation or shame against the latter's will using carmera or other similar devices, is to protect the sexual freedom of victims of personality and freedom not to be taken without permission.

Whether the body of another person, which may cause sexual humiliation or sense of shame, constitutes “the body of another person,” or not should be objectively determined by taking into account whether the general body of the victim, such as the victim’s sex and age group, falls under the body of the person at an average level, as well as the degree of clothes, pictures, exposure, etc. of the victim in question, as well as the background leading up to the photographer’s intent, place and location of photographing, degree of photographing and distance, image of the photographer’s image, specific body parts, etc. (see, e.g., Supreme Court Decision 2008Do7007, Sept. 25, 2008). However, in light of the following circumstances acknowledged by the evidence duly examined by the court, the body of the women in each of the instant pictures may cause sexual humiliation or shame.