A woman in her underwear in her 40s who posted composite photos and personal information on social media was found not guilty... Why?

Mr. A was indicted on charges of posting synthetic pornography received from an unknown person on social media.
Court: Not guilty because sexual parts or actions were not explicitly expressed

A man who was put on trial on charges of distributing synthetic pornography on social media was acquitted in the first trial.

Hongseong Branch of Daejeon District Court announced on the 22nd of last month that Mr. A, in his 40s, was found not guilty on charges of distributing pornography under the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (Information and Communications Network Act).

In May of last year, Mr. A was accused of receiving a composite photo of a specific woman's face and body parts in underwear from an unknown person and uploading it to his SNS account.

At the time, it was confirmed that Mr. A also entered information about the woman's name, age, and physical condition.

Mr. A denied the charges.

It is true that some photos received from SNS were posted, but the intention is that it is difficult to view these photos as 'pornography'.

At the same time, Mr. A emphasized that there were no poses reminiscent of sexual activity in the photo.

In addition, Mr. A added that, considering that he did not composite the photo himself and that the photo was so elaborately composited that it was difficult to clearly confirm whether it was composited, it is difficult to say that he posted it with intent to be obscene.

The court found Mr. A not guilty.

The court explained, “Looking at the photos, it is difficult to evaluate them because they explicitly express or depict sexual parts or sexual acts.”

At the same time, he said, "Even when comparing full-body photos of women wearing underwear with regular underwear advertisements, the difference does not appear to be significant enough to be considered pornographic."

Attorney Byeon Gwan-hoon of Daeryun Law Firm, who represented Mr. A, said, "According to precedent, in order to call it a 'pornographic material', it is not enough to simply give a vulgar and promiscuous feeling related to sexual interest; sexual parts or actions must be expressed in an excessive and explicit way. Based on these contents, we emphasized that it is difficult to conclude that the post in question constitutes 'pornographic material' that requires criminal punishment."

#Distribution of pornography #Synthetic pornography #Accident #Not guilty

Shin Min-ji (sourminjee@ikbc.co.kr)

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A 40-year-old is 'not guilty' for posting composite photos and personal information of a woman in underwear on SNS... Why? (Shortcut)