The defendant shall be innocent.

1. On August 8, 2015, the Defendant taken the body of the victims, such as a bridge, etc. using mobile phone cameras, following the victim E (V, age 25) who suffered from the civil retail store in the short half-line platform of subway 2, subway station D located in Mapo-gu Seoul, Mapo-gu, Seoul.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame against his will.

2. Whether the body of another person, taken under Article 14-2(1) of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims thereof, constitutes “the body of another person, which may cause sexual humiliation or shame” should be objectively determined by taking into account whether the general body of the victim, such as the victim’s sex and age group, falls under the body that may cause sexual humiliation or shame from the perspective of the average person at an ancient level, as well as the degree of exposure, etc. of the victim in question, as well as the background leading up to the photographer’s intent, place, degree of filming and distance of photographing, image of the photographed original body, etc.

The defendant taken the back of the victims from subway platforms, and the victim's clothes was short of the civilian retail, but the victim's clothes was not exposed to the victim's age group women in August, 200 at the time of shooting. In light of the above, the defendant taken the victim's appearance of waiting for moving off from subway platforms with several people at a place less than a few meters away from the victim's age, and taken the victim's sexual humiliation or shame. In light of the above, the defendant taken the victim's clothes at issue.