The defendant is innocent.

1. 공소사실의 요지 피고인은 2013. 7. 29. 14:00경부터 같은 날 16:45경까지 사이에 부산 중구에 있는 남포동 극장가, 국제시장 먹자골목, 자갈치시장 등지에서 피고인 소유의 니콘(Nikon - P7100) 카메라를 이용하여 짧은 핫팬츠나 짧은 치마, 짧은 반바지 등을 착용한 여성들의 엉덩이, 허벅지, 가슴, 다리 등의 부위를 총 102회에 걸쳐 촬영하였다.

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

2. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Etc. of Sexual Crimes, which punishs an act of photographing another person’s body, which may cause sexual humiliation or shame against the latter’s will, using judgment camera or other similar devices, 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 sexual humiliation or sense of shame from the standpoint of the general and average people of the same gender and age group as the victim, as well as the degree of exposure, etc. of the victim concerned, as well as the background leading up to the photographer's intent, the place of photographing, degree of filming and distance of photographing, the image of the photographer's photograph, the image of the photographer's body, etc.

(See Supreme Court Decision 2008Do7007 Decided September 25, 2008). According to the evidence duly adopted and examined by this court, the defendant is deemed to have taken his body without the express consent of the women subject to taking the body at the time and place of the indictment, but the following is recognized by the evidence.