[Punishment for chain prostitution] YouTube and game chain prostitution is subject to security measures along with criminal measures.
2023-01-25
[The Power = Reporter Choi Byeong-soo] Recently, there have been an increasing number of cases of people being accused of prostitution by getting into an argument with the other person while playing an online game and making sexual profanity or adulterous jokes, such as belittling the other person's gender. Many people take it lightly because they said it out of anger, but this is clearly an illegal act that carries legal liability.
In addition to online games, as non-face-to-face activities using social media have recently increased due to the COVID-19 incident, there are many cases where young students who still lack discernment are accused of using obscene communication media after exchanging dirty jokes or conversations for sexual purposes while using Instagram or KakaoTalk. There are many cases where so-called ‘prostitution hunters’ become involved in planning lawsuits and seek out prostitution lawyers.
Even online, personal attacks or sexual remarks that cause shame can be punished as 'obscenity using communication media (Article 13)' under the Sexual Violence Punishment Act. Obscenity using communication media is a sexual crime that occurs when words, images, or videos that cause sexual shame or discomfort reach the other person through communication media such as a computer.
If a person who commits a sexual crime is found guilty, he or she will be punished by imprisonment for up to 2 years or by a fine of up to 20 million won in accordance with the Sexual Violence Punishment Act. If he or she has a record of the same crime, is a repeat offender of the same type, or commits the crime against an unspecified number of victims, or commits the crime repeatedly over a considerable period of time, an aggravated punishment is imposed.
If the act does not cause sexual shame or disgust, the crime of obscenity using communication media is not established, but in this case, the standard for determining whether sexual shame or disgust is caused is whether it goes against the sexual morality of the average person in society.
The crime of obscenity using communication media generally has sufficient evidence, such as captured images or recordings, and is not a crime of impunity against the will, so punishment cannot be avoided even if one explains that it was simply a prank or a mistake or even if one reaches an agreement with the victim.
However, there are cases where a person can avoid the risk of punishment by responding carefully from the beginning of the incident. Last month, there was also a case where the Seoul Western District Court found the person not guilty on the grounds that the act of posting an unhealthy picture on an online community site was not an ‘act that allowed it to reach the other person.’
Kim Gwang-deok, a lawyer at the Daeryun Criminal Center at the Law Firm (Lihan), advised, “Because chain prostitution is a sex crime, if a fine or more is punished, security measures may be imposed separately from the criminal punishment, which may result in various disadvantages upon returning to society.” He added, “It is better not to get involved in the crime in the first place, but if you are investigated by the police for related charges, it is necessary to consult with a lawyer specializing in chain prostitution and sex crimes with extensive experience in sexual violence cases.”
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