Secondary Damages from Hidden Camera Distribution More Alarming... "Swift Response to Camera-Used Recording Crimes Needed"
Anyone can easily take photos using a smartphone camera. While our lives continue to advance through the development of such smart phones, crimes exploiting this technology are also increasing rapidly. One representative crime is "digital sex crimes" related to illegal hidden camera recordings. In fact, according to the "2018 Crime Analysis - Crime Occurrence, Arrest and Disposition" released by the Supreme Prosecutors' Office, camera-related crimes amount to approximately 5.195 million cases.
In particular, as a case involving a famous entertainer secretly filming sexual intercourse videos with women and distributing them through KakaoTalk chat rooms has surfaced, social awareness about the crime of distributing illegal recordings made with hidden cameras is growing. As illegal filming videos are distributed through KakaoTalk and the internet, there is a high possibility of secondary damages such as exposure of victims' personal information, leading to growing public opinion demanding strong punishment for hidden camera crimes.
According to current law, the "crime of recording using a camera or similar device" under the Special Act on Punishment for Sexual Violence Crimes refers to "recording another person's body that can arouse sexual desire or shame using a camera or other similar mechanical device against their will." When such "hidden camera criminals" engaged in "digital sex crimes" distribute, sell, rent, provide, or publicly display and screen the recorded material, they are subject to "imprisonment for not more than 5 years or a fine of not more than 30 million won." Even if the subject of recording did not object at the time of recording, distributing the recorded material against their will afterward results in the same punishment.
However, if illegal videos are distributed on information and communication networks for profit against the will of the recording subject, the person faces "imprisonment for not more than 7 years." In this case, since there is no fine, actual imprisonment is imposed upon conviction.
Merely viewing illegal video content posted in group chat rooms is difficult to punish, but distributing that video to others can result in punishment. In particular, if someone receives videos by requesting the upload of illegal recordings, they can be punished as an instigator or accomplice. Even if someone did not record illegal videos but uploaded them or received them by request, this constitutes a crime that spreads secondary damages. Therefore, the person receives the same or similar punishment as the person who conducted the illegal recording.
Victims of digital sexual violence live with lifelong wounds that cannot be healed. Once illegal recordings such as videos and photos are distributed on the internet, it is virtually impossible to completely delete them. While victims suffer tremendous pain in this way, there are growing calls pointing out that punishments for perpetrators are lenient. Recently, digital sex crimes such as hidden camera recording and obscene material leaks have become a focal point, with increasingly louder voices demanding stronger punishment.
However, sexual crime-related punishments still face challenges in that evidence of coercion may be lacking or the sentenced punishment may vary depending on angle, the body part filmed, and other factors, making it likely that victims do not receive the desired punishment. Therefore, to ensure more accurate perpetrator punishment, experts' assistance must be available.
In this regard, attorney Lee Jae-yong of JY Law Office, a sex crime counseling center, stated, "As camera-related recording crimes are continuously raised as a social issue, there is a trend toward strengthened punishment." He added, "However, if recorded material is distributed, victims must live with suffering for life, so if involved in a camera-related recording crime, it is urgent to respond quickly from the initial stage of the case, seize recording and storage devices, and prevent secondary damages that could result from distribution."
Furthermore, he conveyed that "if complex criminal procedures and court proceedings seem difficult to handle alone, it is also an option to seek assistance from a criminal law specialist with abundant experience in resolving sex crimes and legal knowledge to respond to investigations and trials."