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Would it be a crime if I filmed the scene of an affair with my spouse in the process of divorce?
The 2nd Division of the Ulsan District Court's Criminal Investigation Division (Chief Judge Hwang Un-seo) ordered a 50-year-old man who was handed over to trial for violating the Act on Special Cases concerning the Punishment of Sexual Violence Crimes, a fine of 1 million won and 40 hours of sexual violence treatment program. said.
A was charged with assaulting his wife B and a man C, who were in the room by climbing a ladder through the window of a studio in Ulsan in the early morning of last August, and filming their bodies with a cell phone.
At the time, Mr. A followed his wife Mr. B when he left the house due to a domestic dispute at the time, and witnessed Mr. B and Mr. C being together wearing only their underwear, and committed this crime in a rage.
The court of first instance only found that Mr. A was guilty of breaking two people into a studio and assaulting them and injuring them, and sentenced them to a fine of 2 million won.
The filming of Mr. A with his cell phone was for the purpose of confirming the affair, and since the filmed scene is not a specific body part, it was judged that it does not correspond to a sex crime and was acquitted.
The court of first instance also used the fact that there were no scenes that caused sexual desire or shame, such as sexual acts, in the five-second video as a ground of not guilty.
The Court of Appeals decided differently.
It is said that Mr. A filmed even knowing that Mr. B and Mr. C were only wearing underwear, and in particular, Mr. B felt shame and fear, such as covering his face with a blanket.
The court of appeals said, "It is very difficult to conclude that Mr. B and Mr. C did not feel sexual shame due to Mr. A's act of breaking into the studio and filming his body." He explained the reason for the sentence.