Hello, I’m Heebong Ha, an attorney at Lawpid Legal Services. Today, I’d like to take a closer look at the recent Supreme Court ruling on “intimidation through filming, etc.” As digital technology has made our lives easier, new forms of crime have also emerged. It’s time to understand and prepare for them.
🔍 What is ‘blackmail using photographic images’?
“Intimidation using photographic images” refers to the act of intimidating another person using photographic images that may cause sexual desire or shame. This is strictly punishable under Article 14(3) of the Sexual Violence Punishment Act. The reason why it is more severely punished than simple blackmail is because the fear and shame felt by the victim is very great.
🔍 Legal theory of ‘intimidation using filmed images’
A recent Supreme Court ruling has provided an important legal definition of “threatening by means of filming, etc.” Let’s take a closer look at this definition:
- What is meant by ‘using filmed images, etc.’ 📸
- This means recognizing the ‘filming, etc.’ and using it as a way or means to commit blackmail.
- It is not the actual existence of the filming that matters, but the fact that the perpetrator used it as a means of blackmail.
- Definition of blackmail 🗣️
- Blackmail is defined as “notice of harm sufficient to cause fear in a person.
- There are no restrictions on how the harm can be communicated – it can be through words or documents, as well as attitude or behavior.
- Conditions for the commission of a crime ⚖️
- It must be made by means or means that have actually been made, such as by filming, producing, reproducing, etc.
- The harm must be sufficient to cause fear, including the possibility of dissemination.
- If these two conditions are met, the offense of Article 14(3)(1) of the Sexual Violence Punishment Act can be established.
- Important points ❗
- The perpetrator does not have to present the video to the victim in person.
- Nor does the perpetrator need to be in possession of the image at the time of the threat or actually be able to disseminate it.
- All that matters is the fear and intimidation felt by the victim.
In summary, this interpretation is more in line with victim protection, as it emphasizes the victim’s fear and perception of threat, rather than the actual existence or possession of the images.
❗ Key takeaways from the Supreme Court decision
- It doesn’t matter if the actual recording exists or not! 😮
A crime can be committed even if there is no actual footage, as long as the victim was intimidated without knowing it. It’s all about the victim’s fear. - It also doesn’t matter if they consented to be photographed or not! 🤔
Even if the photo was taken voluntarily by the victim, if you use it as a tool of blackmail, you will be punished. This is to clarify that consent at the time of taking the photo does not mean consent to disseminate or blackmail. - It’s important that the harm is known enough to cause fear! 🗣️
The harm must be specific, such as the possibility of dissemination. This emphasizes the level of threat the victim actually feels. - It doesn’t matter if you were in possession of the footage at the time of the threat! 📸
A crime can be committed even if the perpetrator does not actually have the footage in their possession at the time of the threat, as long as the victim is unaware of that fact. This is a judgment call given the nature of digital material. - The victim’s awareness matters! 🧠
The fear and intimidation felt by the victim is the key factor in establishing the crime, not the existence of the actual footage.
💡 Real-life examples of ‘intimidation by means of filming’
Let’s take a closer look at a case from a recent judgment:
Case Overview:
- The accused, A, and the victim, B, were in a domestic relationship, and A worked as an instructor at a music school run by B.
- When B wanted to end the relationship, A threatened her by referring to a photo of her pubic area.
- In reality, A had already deleted the photos.
The court’s judgment:
- The first instance court recognized A’s behavior as “intimidation by means of a photograph” and convicted him.
- On appeal, the Court of Appeal upheld the first instance decision and made the following important point of law
- Regardless of the actual existence of the filming, the offense can be committed if the threat is made without the victim’s knowledge.
- You don’t have to be in possession of the photographs at the time of the threat to commit the offense, as long as the victim is unaware of them.
- Even if the victim voluntarily took the photo, the threat is still punishable.
This case highlights the unique nature of digital sexual offenses, making it clear that the fear and intimidation felt by the victim is what matters, not the existence of the actual images.
📚 Laws and penalties
The crime of ‘intimidation using filmed images’ is punishable under Article 14(3) of the Sexual Offenses Act. The main contents are as follows
- Basic punishment: Organic imprisonment for one year or more
- Aggravated punishment: 3 years or more of organized imprisonment if the intimidation prevents a person from exercising their rights or causes them to do something they are not obligated to do.
- Punishment for repeat offenders: increased to one-twoth of the sentence prescribed for the offense
These harsh penalties reflect the legislator’s recognition of the seriousness of digital sex crimes and the will to strengthen victim protection.
✅ Advice for victims
- Secure your evidence! 📸.
Be sure to save all evidence, including transcripts of conversations, call logs, text messages, etc. Digital evidence can easily disappear, so it’s important to back it up immediately. - Seek professional help immediately! 🆘
Don’t try to respond on your own, consult a legal professional immediately. The initial response is critical. - Do not try to respond alone! 👥
Tell a trusted friend or family member about the situation and ask for their help. Mental support is also important. - Try to prevent further harm! 🔒
Strengthen your social media account security settings and consider temporarily changing your contacts if necessary. - Seek psychological counseling! 🧘♀️
The emotional toll of the victimization can be high. Seek professional help to find psychological relief.
🔒 Prevention is key!
- It’s best to avoid taking sensitive photos or videos as much as possible.
- If you must, store them encrypted in a safe place and never share them with anyone.
- Be on the lookout for early signs of dating violence or stalking.
- Raise your privacy awareness and regularly check the security settings on your digital devices.
Digital sex crimes are getting more sophisticated, but the laws are also evolving. If you’ve been victimized or feel uneasy, don’t hesitate to seek professional help. Lawpid Legal Services is here to help you defend your rights. It’s time for all of us to join together in creating a safer digital world. Your little bit of care and attention can make a big difference. Let’s work together! 💪😊