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The defendant shall be innocent.
Reasons
1. On May 31, 2013, at around 23:25, the Defendant discovered the victim C (the age of 18) who was suffering from shorter fats on the platform of the lodging area of the subway No. 4 in Yongsan-gu Seoul, Yongsan-gu, Seoul, Yongsan-gu, 101 subway No. 101 subway No. 4, and photographs the victim’s Handphones with the Defendant’s Handphones.
As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.
2. Determination:
A. Whether the photographed body constitutes “the body of another person who may cause a sexual humiliation or sense of shame” should be objectively determined by taking into account whether the body falls under the body that may cause a sexual humiliation or sense of shame from the perspective of the general and average person of the same gender and age group as the victim, as well as the circumstances leading to the photographer’s intent as well as the degree of clothes, pictures, exposure, etc. of the victim in question, the place and the location of photographing, the degree of photographing, the image of the taken body, and the importance of a specific body part, etc.
(See Supreme Court Decision 2008Do7007 Decided September 25, 2008, etc.). B.
Examining the photograph taken by the defendant as evidence, approximately 1/3 of the total screen picture is chromatic, and the victim 2 telegraphs are marked at approximately 1/4 of the total screen, and the victim 1/4 of the whole screen is marked, and all two fingers are recorded, but the entire screen is shown about 3 through 4 meters, and the photograph is shown about 3 to 4 meters, and it is not visible to be stamped by emphasizing a specific side. In light of all the circumstances, the above photograph taken by the defendant openly from the platform where his name is expressed to the victims, it is sexual humiliation or humiliation from the perspective of the average person of the victim, such as gender, age group, and the victim.