Of the facts charged in the instant case, as of June 24, 2017 and August 22, 2017, respectively.

Parts of innocence

1. Facts charged;

A. On June 24, 2017, the Defendant: (a) connected a Kapet (D) “B” which is an Internet site where all the pictures posted without any separate subscription procedures are available for perusal; (b) posted two copies of photographs taken by four female women, each of whom is made available from bathing beaches, on the title “E” to the title “E”; and (c) displayed two copies of photographs taken by four female women, each of whom is made available for perusal at the gallon column of the said site so that many unspecified number of perusal can be made available, thereby openly displayed against the intent of the said female.

B. On August 22, 2017, the Defendant: (a) was in an influence place on August 16, 2019; and (b) the said place.

With access to the same site as the same as that of the above paragraph, a photograph taken by one female, who is a non-high speed string picture from a bathing beach, was posted on the gallon column of the above site to make it available for an unspecified number of perusal by posting it on the gallon column of the above site, and was displayed openly against the intent of the above female.

2. Determination

A. Article 14(2) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15977, Dec. 18, 2018) provides that “a photographing object” means the premise of “recording” under Article 14(1) of the same Act, and therefore, “a photographing another person’s body, which may cause sexual humiliation or shame,” refers to “a photographing another person’s body.”

Whether the recorded body of another person may cause a sexual humiliation or shame is objectively considered as “the body of another person,” such as the victim’s sex, age group’s general and average person. In addition, considering not only the victim’s clothes, the degree of exposure, etc., but also the circumstances leading to the photographer’s intent, the place and degree of filming and the distance of photographing, the image of the taken body, and whether a certain body part has emerged.