The defendant shall be innocent.

1. On August 24, 2017, the Defendant found the victim E (the age 29) who was seated with the lower seat in the D Station C located in Young-si Area D Station C on August 24, 2017, discovered the victim, taken the victim’s photograph, and tried to look at the inner part by expanding the photograph.

Defendant, at the above date, at the place, and by using the gallon function of Defendant’s 5 mobile phones, took photographs of telegraph, including the parts of the bridge of the victim E (the age of 29) by using the gallon function of the 5 mobile phones.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera, against his will.

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 “recording another person’s body, which may cause sexual humiliation or shame against the latter’s will by using a camera or other similar mechanism, is to protect the victim of a personality chain’s freedom of sexual freedom and without permission.

Whether the photographing body of another person may cause sexual humiliation or sense of shame should be objectively determined by taking into account whether the body falls under the body of the victim from the perspective of the general and average person of the same gender and age group as the victim, as well as the degree of clothes, pictures, and exposure of the victim, etc. In addition, the following circumstances should be comprehensively taken into account: (a) the victim’s intent and the background leading up to the photographing; (b) the place of photographing and the distance of photographing; (c) the image of the photographing body; and (d) whether or not the photograph of the taken body has emerged as a specific body part (see Supreme Court Decisions 2008Do707, Sept. 25, 2008; 2015Do16851, Jan. 14, 2016).