Middle School Student Caught for Bathroom Hidden Camera... Are There Issues with Punishment Severity for Juvenile Crimes?

Male Middle School Student Who Illegally Filmed in Women's Restroom "Threw Away Phone"
3,830 Cases of Illegal Filming by Teens in Last 4 Years
Expert: "Age of Sexual Crime Offenders Is Getting Younger"

There is controversy over the level of punishment for a male middle school student who committed an illegal filming crime. Although he is young, he committed a crime at the level of an adult offense, and there is a strong public opinion that the punishment should also be at this level.
[Image source=Yonhap News]

[Asia Economy Reporter Heo Midam] Recently, a male middle school student was caught by the police for secretly filming an elementary school girl in the girls' restroom, sparking controversy over the level of punishment for juvenile offenders exempt from criminal liability. Juvenile offenders exempt from criminal liability are children aged 10 to 13, who, under current law, are not subject to criminal punishment even if they commit a crime. This student also falls under this category, making criminal punishment unlikely.

The victim's parents are appealing for severe punishment, saying, "The suspect should not receive lenient punishment just because he is a minor." Experts have pointed out that the age of perpetrators of sex crimes such as illegal filming is getting younger and younger.

According to media reports, on the 3rd, the police have booked A (13) without detention on charges of violating the Special Act on the Punishment of Sexual Crimes, etc. (filming using a camera and intrusion into a multi-use place for sexual purposes) and are investigating him.

A is accused of secretly filming B, a teenage elementary school girl using the restroom, with a cellphone camera in the girls' restroom on the second floor of a building in Bundang-gu, Seongnam City, around 8 p.m. on the 4th of last month.

A reportedly denies the charges, saying, "It is true that I entered the girls' restroom out of curiosity, but I did not film." He also claims that his father broke and discarded the cellphone used in the crime.

As the case became known, calls for strengthening punishment for juvenile offenders exempt from criminal liability have continued. Since this middle school boy is a criminal minor under 14 years old (juvenile offender exempt from criminal liability) and claims to have already disposed of the cellphone used as the crime tool, criminal punishment seems unlikely.

Office worker Kim (27) said, "What does age matter when a crime has been committed? Nowadays, even young children commit serious crimes comparable to adults," adding, "I hope they impose severe punishment."

University student Lee (25) also expressed concern, saying, "I don't understand why punishment differs based on age," and "It seems common for minors to exploit their age to commit crimes."

Under current law, youths under 19 years old subject to the Juvenile Act are likely to receive lighter punishment compared to adults, and especially those aged 10 to under 14, juvenile offenders exempt from criminal liability, are completely excluded from criminal punishment.

In summary, juvenile offenders exempt from criminal liability aged 10 to 13 are not punished even if they commit crimes. They are instead subject to protective measures such as probation, while those under 10 are excluded even from protective measures.

Because of this, the victim's side is expressing frustration. Through the Blue House's national petition board, the victim's family appealed, saying, "Our daughter was harmed, but despite identifying the perpetrator, the investigation has not progressed, and a month has passed," and "Please confirm that no recordings of our child remain or were transmitted, and ensure the perpetrator receives appropriate punishment."

The photo is unrelated to specific expressions in the article. [Image source=Yonhap News]

Crimes related to illegal filming committed by youths are increasing. According to data submitted by the National Police Agency to Assemblyman Han Byungdo of the Democratic Party, 23,337 cases of illegal filming crimes occurred in the past four years, of which 3,830 were committed by those aged 19 or younger, including juvenile offenders.

Another problem is the high recidivism rate among juvenile offenders. According to the 2017 report "Crime Phenomena and Criminal Policy in Korea" published by the Korea Institute of Criminology, the recidivism rate of juvenile offenders with four or more prior convictions increased from 6.9% in 2007 to 15.3% in 2016.

As a result, citizens are demanding strong punishment for offenders regardless of age and are raising voices for revising the Juvenile Act.

Last year, a survey by Realmeter on the Juvenile Act showed that 62.6% responded that "some provisions of the Juvenile Act should be revised to strengthen punishment," the highest response rate. Those who said "the Juvenile Act should be abolished entirely to impose the same punishment as adults" accounted for 21.0%. In other words, 8 out of 10 people agreed that the Juvenile Act should be revised or abolished.

However, some argue that physically and mentally immature juvenile offenders should be rehabilitated through protection and education rather than punishment. They claim that imposing adult-level punishment on young offenders with immature judgment can cause significant side effects such as stigmatization as criminals.

Office worker Jung (26) said, "Strengthening punishment is important, but I think education for youths is urgent first," adding, "We should focus on improving the environment for children to grow properly rather than imposing unconditional harsh punishment."

Experts emphasize the need for comprehensive discussion on revising the Juvenile Act, noting that the age of sex crime perpetrators is decreasing. Seo Seunghee, head of the Korea Cyber Sexual Violence Response Center, explained, "There is a strong call to lower the age of juvenile offenders exempt from criminal liability, but it is difficult to lower the age and impose severe punishment only for illegal filming cases. A comprehensive discussion is needed."

Regarding the crime, Seo pointed out, "We need to pay attention to the fact that the age of those who illegally film and distribute such content is getting younger," adding, "Previously, adult men mainly committed online grooming crimes targeting female children and adolescents, but recently, the age group has been getting younger, which is problematic."

This content was produced with the assistance of AI translation services.