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The court of first instance acquitted a man in his 40s for distributing sex videos with his lover.
Today (10th), Seoul Central District Court Detective 14 (Chief Judge Kim Chang-mo) acquitted A (43), who was charged with violating the Sexual Violence Punishment Act (photographing and distributing using cameras, etc.).
A is accused of filming sex with his lover B in March 2016 and transmitting it to an acquaintance without B's consent.
The video was later distributed through the Internet community, but the prosecution dismissed the charges twice in a row because the film distributed by Mr.
'Re-recorded material' refers to the recorded material that is reproduced on a monitor, etc. with a recording device such as a mobile phone or camera.
In response to this, Mr. B appealed, and the Seoul High Prosecutors' Office, which started a re-investigation, judged one of the circulated materials as 'directly filmed' and indicted Mr. A in March last year.
However, in the course of the trial, Mr. A argued that "the video sent to an acquaintance is a 're-shot file edited' and that he should be acquitted according to the Supreme Court precedent before the revision of the Sexual Violence Punishment Act."
According to the Supreme Court precedent and the Sexual Violence Punishment Act at the time of the 2016 incident, punishment is possible only when a video of the victim's body is directly distributed.
Since December 2018, punishment rules have been established for sexually expressive material, including 're-filmed' (reproduced), to punish not only the original but also the distribution of re-filmed material. The amended law cannot be applied to the case of Mr. A that occurred.
In the end, the court of first instance judged A's acquittal, saying, "It is difficult to admit that the file sent by Mr. A to his acquaintance was filmed directly based on the evidence submitted by the prosecutor.