

Seocho criminal lawyer: “Possession or distribution of illegal footage obtained out of curiosity can result in imprisonment.”
2021-07-30

Cases of exposure to inappropriate sexual content through digital media are increasing. Recently, a report was filed after a YouTuber leaked nude photos of another person on his YouTube channel, which were believed to be victims of so-called 'body cam phishing', and last August, the head of a YouTube channel specializing in travel information posted an inappropriate obscene video on social media, and the police launched an internal investigation.
Under the current law, if a video of a person's body is uploaded online without permission, or if a video of a person's body is uploaded online, sent to another person through SNS, printed out, and distributed, the person is subject to imprisonment for up to 5 years or a fine of up to 50 million won in accordance with Article 14 (2) of the Act on Special Cases on the Punishment of Sexual Violence Crimes (hereinafter referred to as the Sexual Violence Punishment Act). If the video is transmitted, printed, distributed, or sold using an information and communications network against the will of the victim for the purpose of making money, it is stipulated that the person will be punished by imprisonment for not less than three years.
In addition, with the revision of the Sexual Violence Punishment Act, new provisions have been established to punish sellers of illegally filmed sexual exploitation materials as well as those who possess, purchase, store, or view sexually explicit material, with imprisonment for up to 3 years or a fine of up to 30 million won.
Shim Jae-guk, a criminal lawyer at the Daeryun Law Firm, said, "A person in his 20s was arrested for possession of illegally filmed material for the first time since the revised Sexual Violence Punishment Act, which created new regulations to punish those in possession of illegally filmed material, went into effect on the 6th. As voices for stronger punishment for possession, purchase, storage, and distribution of illegally filmed material have grown since the N-room incident, a prison sentence may be imposed for first-time offenders or for acts done simply out of curiosity." He added, "If convicted of a sex crime. He explained, “Because security measures such as personal information registration, public notification, employment restrictions, and visa issuance restrictions are also imposed, there are serious restrictions on employment and social life.”
He continued, "You should not access the channel because you can be severely punished for possessing or watching illegally recorded or sexually exploited material. In particular, illegally filmed or sexually exploited material shared through a group chat room with acquaintances or a community channel may be stored on your mobile phone without your knowledge, so you need to be especially careful even if you do not intend to watch it." He added, "If you have been unfairly accused for similar reasons, you need to prove that you are not guilty through a legal expert with experience in related cases." advised.
Daeryun Law Firm, which provided assistance, has a dedicated sex crime team with criminal lawyers certified by the Korean Bar Association and provides legal assistance in cases related to sexual crimes such as quasi-forcible molestation, quasi-rape, forcible molestation, rape, and filming using cameras. todaySeoul, Busan, Daegu, Incheon, Gwangju, Daejeon, Ulsan, Suwon, Changwon, Cheongju, Jeonju, Uijeongbu, Chuncheon, Jinju, JejuI run an office.
View original article - http://biz.heraldcorp.com/view.php?ud=20201021001000
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