[according to the law of authority] 54. Responding to the crime of photographing (the crime of photographing using a camera, etc.)

*This content was translated by AI.

The number of reported cases for filming using cameras ('capture crime') is increasing.

I would like to summarize what people who have been sued for filming using cameras and others, are facing investigation, or are preparing to file a complaint due to damage.

The crime of filming using a camera under Article 14 of the Sexual Violence Punishment Act is a felony crime with imprisonment for up to seven years or a fine of up to 50 million won. It is established only by the act of filming, and is punished regardless of distribution. The perception that 'it was just a shot' is dangerous.

If you're accused of using a camera

Bluntly, denial is the worst choice. Digital evidence can be restored forensically, and the deletion history itself is evaluated as evidence destruction.

The key to defending the crime of camera use is proving that the constituent requirements are not met. The main issues are whether or not to consent at the time of shooting, whether the shooting site corresponds to a body that induces sexual shame, and the timing of execution. The precedent has comprehensively judged the intention, angle, distance, and location of the filming. Even if there was consent at the time of filming, it is subject to separate punishment in accordance with Article 14 (2).

Let's look at the issue of whether or not to agree at the time of filming. In a case between the parties involved in an internal affair for three years, the victim was acquitted by admitting implicit consent, combining the fact that he had previously sent photos in underwear and did not protest immediately after the shooting. On the other hand, the case of filming the naked body while the victim was drunk and asleep was convicted.

It is also frequently questioned whether the photographing site corresponds to a body part that causes sexual shame. When it is difficult to determine because the image is dark, there is a case of innocence when the photographed object does not exist. It was considered that the case of giving up while searching for an object through Zoom was only an act of preparation, and no attempt was established. Since initial statements affect the process of sending to the prosecution and the entire trial, the facts should be sorted out, the issues should be identified, and then the investigation should be conducted.

If you're a victim of camera use

Securing evidence that will lead to prosecution is the key. As soon as the filming is recognized, the perpetrator's device information should be recorded, and URLs, screenshots, and posting dates should be secured when distributing them. Over time, the evidence is destroyed by log expiration.

The complaint should clearly state that the constitutional requirements for filming using cameras are met. It is not enough to say that it was taken secretly. It is necessary to specify the nature of the filming location, the body part that was filmed, and the covert behavior of the photographer. If the victim's statements are inconsistent, it is very important to organize them in chronological order when the memory is vivid.

The consistency of statements also dictates whether or not to be prosecuted. If the statement goes back and forth, it can lead to non-prosecution, so the damage situation and the discovery should be summarized and delivered in chronological order.

The crime of camera use and the reason why expert assistance is essential

The crime of filming using a camera is a more complicated crime than it seems. From evidence analysis to sentencing claims, there are many points to miss for non-experts to respond alone. The defendant's initial statement separates guilt or innocence, and the complainant's prosecution is determined by how the evidence is systematically organized according to the requirements.

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*This content was translated by AI.