The second trial court ruled that using restrooms without engaging in sexual behaviors does not constitute lewd conduct causing sexual humiliation or aversion to the public. (Image courtesy of Yonhap)
SEOUL, Oct. 2 (Korea Bizwire) – The first and second trial courts had differing judgments on whether illegal filming in women’s restrooms in a building frequently accessed by children and teenagers qualifies as producing sexually exploitative material.
The first trial court ruled that videos created by filming the bodies of victims, which could cause sexual humiliation, qualify as sexually exploitative materials. However, the second trial court ruled that using restrooms without engaging in sexual behaviors does not constitute lewd conduct causing sexual humiliation or aversion to the public.
The Criminal Division 1 of the Seoul High Court’s Chuncheon Trial Division overturned an original five-year prison sentence and instead sentenced an individual referred to only as ‘A’ (25), who was charged with producing and distributing sexually exploitative materials under the Act on the Protection of Children and Youth Against Sex Offenses, to three years and six months of imprisonment.
Additionally, the Criminal Division 1 mandated the completion of an 80-hour sexual violence treatment program, public disclosure of personal information for five years, and imposed a five-year employment restriction at children and adolescent-related institutions.
In the first trial, the Gangneung Branch of the Chuncheon District Court found ‘A’ guilty on all charges and imposed a five-year prison sentence, saying that he produced a substantial number of sexually exploitative materials involving children and adolescents. (Image courtesy of Yonhap)
‘A’ was indicted after it was alleged that he videotaped victims 47 times by installing a tiny camera in the women’s restroom of a commercial building in August and September of 2022.
In addition to the allegation that he broke into the women’s restroom and drilled into the ceiling to install the tiny camera, he was also charged with possessing 800 pieces of sexually exploitative material.
In the first trial, the Gangneung Branch of the Chuncheon District Court found ‘A’ guilty on all charges and imposed a five-year prison sentence, saying that he produced a substantial number of sexually exploitative materials involving children and adolescents.
The appeals court, however, issued a judgment of acquittal, dismissing the charge that he produced sexually exploitative materials. The appeals court ruled that the exposure of specific body parts during the process of using restrooms, even for children and adolescents, does not constitute the behavior of sexual intercourse.
J. S. Shin (js_shin@koreabizwire.com)
