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The defendant shall be innocent.
Reasons
1. Around September 14:02, 2018, the Defendant: (a) taken the body of the victimized female, whose name is not exposed, on the part of the Defendant, by taking a white half of the body attached to his/her body using the cell phone function inside the subway that operates the Dongdaemun-gu Seoul Metropolitan Government Station B; (b) on September 8, 2018, the Defendant taken the body of the victimized female.
Accordingly, the defendant taken a video image against his will that could cause a sense of sexual shame by using a camera.
2. Determination
A. Under the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the act of photographing another person's body, which may cause sexual humiliation or shame against the latter's will 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" should be objectively determined by taking into account whether the body falls under "the body of another person, which may cause sexual humiliation or shame" from the perspective of the general and average person of the age group like the victim objectively the same gender and age group as that of the victim, and whether the body constitutes "the body of another person, which is likely to cause sexual humiliation or shame." In addition, it should be determined individually and individually, comprehensively taking into account not only the victim's clothes, screen, degree of exposure, etc., the circumstances leading up to the photographer's intent, degree and distance of photographing, the image of the photographing place
(See Supreme Court Decision 2008Do7007 Decided September 25, 2008 and Supreme Court Decision 2008Do8642 Decided November 27, 2008, etc.) B.
According to the evidence duly adopted and examined by this court, it is evident that the defendant had taken the victim's appearance as shown in the above facts charged, and the defendant's behavior would cause apprehensions and inconvenience to the victim. However, the above evidence is considered as follows.