Posting after storing received photos for several months
A man who posted nude photos of his mistress as the background and profile picture on his mobile phone was fined.
On the 7th, News1 reported that Chief Judge Kang Sang-hyo of the Seosan Branch of Daejeon District Court ordered Mr. A, who was tried on charges of filming and distribution using a camera under the Sexual Violence Punishment Act, to pay a fine of 2 million won and complete 40 hours of a sexual violence treatment program.
In September 2022, Mr. A received one nude photo from victim Ms. B, who was in an extramarital relationship with him at the time, via mobile phone. He kept the photo and in February last year, posted it as the background image of his profile. Mr. A obscured part of Ms. B’s face and some private areas before making the photo public.
Chief Judge Kang pointed out, "Considering that employees at the office operated by the victim could see the posted photo, the mental distress suffered by the victim appears to be significant." Regarding the sentencing, he explained, "However, Mr. A showed remorse for his wrongdoing and the victim does not wish for his punishment. The defendant has no prior convictions of the same kind or any criminal record exceeding a fine, and there is some room for leniency given the circumstances of this offense."
Meanwhile, according to the Act on Special Cases Concerning the Punishment of Sexual Crimes, even if a person films another’s body with their consent, distributing the images without consent is considered a crime. The law stipulates that "even if the filming was not against the subject’s will at the time of shooting (including cases where the subject filmed their own body), anyone who distributes or otherwise spreads the images or copies against the subject’s will afterward shall be punished by imprisonment for up to seven years or a fine of up to 50 million won."
Last year, a man in his 40s who sent nude photos of his mistress, after she had informed him of their breakup, to her husband was also sentenced to a suspended prison term. This man sent the mistress’s nude photos to an employee working at his store and instructed the employee to forward them to the mistress’s husband’s mobile phone. At the time the photos were sent, the mistress, not her husband, had possession of the husband’s phone, so the husband did not see the photos. However, the man continued to threaten the mistress by saying, "If you don’t meet me, I will distribute the nude photos and harm your family," and was prosecuted for violating the Act on Special Cases Concerning the Punishment of Sexual Crimes (threats using filmed materials). He was sentenced to 1 year and 6 months in prison with a 3-year probation period.
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