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[JTBC Lee Kyuyon’s Spotlight TV] Goo Hara and the Two Trials — The Qualifications for Illegal Filming

[JTBC Lee Kyuyon’s Spotlight TV] Goo Hara and the Two Trials — The Qualifications for Illegal Filming

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The JTBC broadcast Lee Gyu-yeon's Spotlight TV, aired on July 23, 2020, focused closely on the two trials being handled by the bereaved family of the late Goo Hara. If the previously introduced #1, 'The Missing Mother and the Right to Inheritance,' dealt with a petition for division of inherited property against her biological mother, this #2, 'Goo Hara and Two Trials — The Legitimacy of Illegal Filming,' addressed the key issues in Choi Jong-bum's criminal trial.

 

A prison sentence on appeal, but not guilty again on the illegal filming charge

On July 2, 2020, Choi Jong-bum, who had assaulted and threatened the late Goo Hara and was indicted on charges of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (filming using cameras, etc.), was sentenced on appeal to one year in prison and taken into custody in the courtroom. However, on the most important issue—the charge of illegal filming—he was found not guilty again on appeal, following the first trial.

Accordingly, the bereaved family of the late Goo Hara expressed to the prosecution their intention to appeal, and as the prosecution filed an appeal on July 8, Choi Jong-bum came to face a Supreme Court ruling.

 

Digital sex crimes and the reality of 'slap on the wrist' punishment

News about illegal filming and the distribution of such footage, such as the Nth Room case and the Welcome to Video case of Son Jung-woo, became so frequent that it was almost impossible not to encounter them. However, the reality was that they often ended in 'slap on the wrist' punishment for reasons that are hard to understand, such as the defendant showing remorse or the victim and defendant having been in a relationship.

According to statistics cited in the broadcast, even for digital sex crimes, only 3 out of 10 offenders ever stood before a court, and even when prosecuted, 70% received only fines. The reason was the absence of sentencing guidelines. In a vicious cycle where precedents of weak punishment accumulated and then became the basis for the next ruling, the only ones harmed were the victims.

 

Does the law truly reflect our time?

Attorney No Jong-eon stated the following on the broadcast.

"We have no choice but to ask whether the law, which should reflect the times and society, truly reflects our era. We hope that laws and sentencing guidelines that can protect victims will be established as soon as possible and applied quickly."

After this broadcast, the Supreme Court began discussing sentencing guidelines for digital sex crimes, and on October 15, 2020, it finalized the lower court's ruling in the Choi Jong-bum case (one year in prison, not guilty of illegal filming). Discussion on strengthening sentencing has continued ever since.