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The defendant shall be innocent.
Reasons
1. The summary of the facts charged is as follows: (a) the Defendant: (b) was coming to and coming from a toilet for public use on the second floor of the building C located on January 24, 2019, in order to take the victim’s mobile phone by inserting the victim’s mobile phone in a narrow space where the victim D (name, leisure, age 45) finds a melting side of the building C located on January 24, 2019, in order to take the victim’s mobile phone, and the victim was discovered, and the victim could not take the wind to walk the Defendant’s mobile phone.
Accordingly, the defendant tried to take another person's body, which may cause sexual humiliation or shame by using a mobile phone camera, against his will, and attempted to take a photograph of another person's body.
2. Determination
A. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes is a crime committed by photographing another person’s body against one’s will, by using a camera, etc., which may cause sexual humiliation or any other sense of shame. Here, “recording” refers to the act of inputting image information on the victim into a film or storage device contained in a camera or any other device equipped with similar functions. In order to punish the victim as an attempted crime, the commission of the crime should be recognized. However, in order to establish the commencement of the crime, a specific object of photographing is specific and focused on the victim’s body, and a specific and direct act for inputting image information should be commenced.
(see, e.g., Supreme Court Decision 2011Do12415, Nov. 10, 2011). B.
The victim, who entered the toilet, sees a picture with the same picture as a person in the partitions reported at the time when he sits in front of the shoulder, and 1/3 of the Handphone to see the fixed amount of the handphone at the moment when she tried to see it, entered the partitions below the partitions, and entered the handphone with the left door and her clothes.