The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. Around 14:00 on December 27, 2013, the Defendant: (a) taken the body of the victim who could cause sexual humiliation or shame against the victim’s will by photographing the victim’s cell phone with a camera function attached to his/her body, etc. for about 10 minutes, where the victim’s body was cut off by a female female employee, who was the victim, after having her hair cut his/her hair in a cosmetic 106 building; and (b) taken the victim’s body against the victim’s will.

2. (1) Article 14-2(1) of the former Act on the Punishment of Sexual Crimes and Protection, etc. of Victims thereof (Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes) intends to protect a person’s sexual freedom and freedom not taken without permission by the victim of the personality chain.

Whether the recorded body of another person 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 sense of sexual humiliation or shame from the standpoint of the general and average person of the victim, such as the victim’s sex, age group, and the degree of exposure, as well as the background leading up to the photographer’s intent, the place, degree and distance of photographing, the image of the photographer’s photograph, the image of the photographer’s body, etc.

(See Supreme Court Decisions 2008Do7007 Decided September 25, 2008; 2008Do8642 Decided November 27, 2008, etc.). (2) According to the evidence duly adopted and examined by this court, the defendant suffered a short horse, such as the date, time, and place indicated in the above facts charged, at the same time and place.