The defendant shall be innocent.

1. On September 2, 201, at around 17:35, the Defendant discovered the victim E (the age 22) who was suffering from the short amount of the string of the last bridge near the exit area 9, the subway No. 2 line Hong-line, located in Mapo-gu Seoul, Seoul, and taken a cell phone camera in possession of the Defendant, which could cause sexual humiliation or sense of shame against the victim’s will.

In addition, the Defendant taken photographs of the victims’ legs, etc. from 14:00 to 17:35 on the same day, which could cause sexual humiliation or shame against the will of 68 female victims who cannot know their names in the same manner.

2. In the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, punishing the act 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 sexual freedom and freedom not to be taken without permission. As such, whether the photographed body constitutes “the body of another person, which may cause sexual humiliation or shame” objectively, shall be determined specifically, individually, and alternatively, by taking into account not only the victim’s clothes, screen, degree of exposure, etc., but also the circumstances leading to the photographer’s intent, the place and distance of photographing, the image of the photographed body, and whether the body part of the specific body body body body part, etc., in light of the following as a whole: (a) whether the taken body constitutes “the body of another person, which may cause sexual humiliation or shame.”

(see, e.g., Supreme Court Decision 2008Do7007, Sept. 25, 2008). According to the records, without the express consent of the women to be taken at the time and place of the Defendant’s indictment.