Filming Illegally with a Mirror at a Motel Together... "I Took It as a Souvenir" Excuse [Seocho-dong Legal Story]

"The victim's face did not appear in the photo. It was taken only to reminisce and remember the time spent together at the motel." (Defense attorney)

This is the excuse from Mr. A (32, male), who was criminally prosecuted on charges of illegal filming after going to a motel with a female victim. According to the legal community on the 2nd, Mr. A took a photo of his reflection in the mirror with his cellphone after going to the motel with the victim. During this process, the lower body of the victim, who was wearing a skirt and lying on the bed, was captured. At that time, the victim asked Mr. A, "Did you take something by any chance?" and Mr. A reportedly deleted the photos in which the victim appeared and only showed the photos with his own face.

Mr. A suspected the existence of other photos and reported it to the investigative authorities. Eventually, a photo showing Mr. A's lower body was discovered. Mr. A was indicted on charges of violating the Sexual Violence Punishment Act (filming and distribution using a camera, etc.). In the first trial, Mr. A's defense attorney argued, "The victim was not the direct subject of the filming." The defense stated, "There are difficulties in the defense before and after the 'Nth Room case.' Although they went to the motel happily with the victim, taking photos was wrong," but added, "However, the defendant intended to take photos of himself. Coincidentally, the victim turned her body, exposing a little." They also requested, "Please consider the fact that the victim's face was not exposed."

On the other hand, the prosecutor pointed out, "It should be seen that the defendant filmed the victim, not just the fact that they came to the motel." The prosecution emphasized, "The photos would naturally cause sexual discomfort to the victim," and "Considering that the victim persistently asked whether there were illegal photos, it is clear that she did not want her body to be filmed at all."

The first trial sentenced Mr. A to a fine of 3 million won. An order to complete 40 hours of sexual violence treatment program was also issued. Dissatisfied with the first trial verdict, Mr. A's side appealed, pleading that there was no intention to film the victim. They also argued that since Mr. A is employed, it would be difficult to accept the fine and the treatment order. Furthermore, they claimed that they could not reach an agreement with the victim for fear that even contacting her would cause harm.

Mr. A made his final statement, saying, "Taking photos at the motel was reckless. My life and my family's life have been destroyed for two years," and "I have lived every day reflecting and blaming myself. I will live sincerely and morally to prevent such incidents from happening again." The Seoul Central District Court Criminal Appeal Division 2 (Presiding Judge Kang Hee-seok) said, "In any case, the defendant knew that the victim was being filmed. At the moment of filming, the victim turned her body, and the defendant panicked. We will review and examine the legal aspects." The sentencing date is set for the 6th.