The defendant shall be innocent.

1. In the facts charged, the Defendant is a person who is an electricity manager at the Nam-gu apartment management office in Gwangju-gu, Gwangju, and the victim C (V, 35 years old) is a resident of the above apartment.

On June 8, 2016, around 10:30 on June 10, 2016, the Defendant saw that the victim her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her but her her her her

As a result, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera or other similar mechanism.

2. Determination

A. 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, using a camera or other similar mechanism, to protect the freedom of not being taken without consent of the victim of personality chain.

Whether the photographed 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 of the other person, such as the victim’s sex, age group’s general and average person, as well as the degree of exposure, etc. of the victim’s clothes, pictures, degree of exposure, etc., as well as the circumstances leading up to the photographer’s intent, place, degree and distance of filming, image of the photographed body, etc.

(See Supreme Court Decision 2015Do16851 Decided January 14, 2016)

B. According to the evidence adopted and investigated by this court, the following facts can be acknowledged.

(1) A defendant;