Defendant shall be punished by a fine of KRW 2,000,000.

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

Punishment of the crime

On September 3, 2016, at around 11:40, the Defendant took pictures and videos of the victim C, who was suffering a short flamer by using a portable telephone with the inner function of the Defendant’s camera function, in the subway train of Incheon Gyeyang-gu, Incheon, Incheon, which was going in the direction of the Incheon Gyeyang-ro 24 located south-ro 24 in the territory of the State of Incheon, Nam-gu, Incheon.

Accordingly, the Defendant taken the body of another person, who may cause a sense of sexual shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement of C and D;

1. A protocol of seizure and a list of seizure;

1. Report on results of digital analysis;

1. He asserts that six copies of a photograph of restoration of a mobile phone [the defendant and his defense counsel shall not have taken pictures and videos taken by the defendant, which may cause sexual humiliation or sense of shame;

Article 14, Paragraph 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which punishs acts of photographing another person's body which may cause sexual humiliation or shame against the latter's will using a camera or other similar mechanism, is to protect the victim's freedom of sexual freedom and without permission.

Whether the photographing body of a victim constitutes “the body of another person who may cause sexual humiliation or shame” is objectively considered from the perspective of the general and average person of the same gender and age group as the victim, as well as from the perspective of whether the body falls under the body that may cause sexual humiliation or shame. In addition, not only the victim’s clothes, pictures, degree of exposure, etc., but also the background leading up to the photographer’s intent, place and distance of photographing, image of the photographer’s photograph, image of the photographer’s body, etc.