Supreme Court Upholds 6-Year Prison Sentence for Sharing Intimate Photos of Ex-Girlfriend

By PeachFiv, October 23, 2025

⚖️ Case Summary

Defendant: A man in his 30s (identified as “A”)

Crime: Distribution and possession of intimate and fabricated sexual images of his former girlfriend

Timeline:

Between September 2019 and after their breakup, A sent nude photos of his girlfriend through LINE, Twitter, and Telegram to others, including an unidentified individual (“B”).

A also received and saved a photoshopped image showing a male genital organ from B.

Lower Courts (1st and 2nd instance):

Found A guilty of violating the Act on Special Cases Concerning the Punishment of Sexual Crimes (Article on filming/distribution using cameras).

Sentenced him to 6 years in prison.

The courts ruled A was aware of the possibility of distribution (“banpo”) and acted with at least implied intent to spread the material.

However, they held that the victim could not be considered a “victim under Article 24(2)” — which applies to cases where the sexual crime is under investigation or trial — since A did not commit the acts knowing such procedures were ongoing.

Supreme Court (Final Judgment, Case No. 2025Do7058, Sept 4, 2025):

Dismissed both A’s and the prosecution’s appeals, confirming the 6-year sentence.

Clarified that under the principle of legality (nullum crimen sine lege), criminal provisions must be interpreted strictly and not extended or analogized to the defendant’s disadvantage.

Defined the victim under Article 24(2) as one whose sexual crime case is currently or previously under investigation or trial, affirming the lower court’s interpretation.

Key Legal Principles Highlighted:

Strict interpretation of criminal law (principle of legality)

Limits of Article 24(2) protection under the Sexual Crimes Act

Recognition of distribution intent even without direct dissemination

Outcome:

A’s conviction and 6-year imprisonment are final.

The ruling underscores the seriousness of non-consensual image sharing and the boundaries of legal interpretation in sexual crime cases.

Article: https://www.lawtimes.co.kr/Case-curation/211969