Guilty → Not Guilty → Guilty... 'Leggings Molka', Retrial Fine of 700,000 Won

[Asia Economy Reporter Baek Kyunghwan] The retrial court sentenced a man who illegally filmed the lower body of a woman wearing leggings to a fine of 700,000 won. It was judged that secretly filming the victim's lower body, who was on the same bus, with a video was a serious offense.

On the 3rd, the Criminal Division 2 of Uijeongbu District Court (Chief Judge Choi Jongjin) announced that it dismissed the appeal of defendant A, who was indicted for violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (filming using a camera, etc.).

In May 2018, A filmed the lower body of woman B, who was standing near the rear door of the bus, with a cellphone camera for 8 seconds. A was caught by the police following B's report after noticing the filming and was brought to trial.

The first trial court judged that the filmed area was a body part that could induce sexual desire or shame, sentencing A to a fine of 700,000 won and ordering 24 hours of participation in a sexual violence treatment program.

However, the second trial court acquitted him. Based on Supreme Court precedents, it examined the victim's clothing, degree of exposure, filming intent and circumstances, location, angle, filming distance, and whether specific body parts were emphasized. Especially considering that leggings are used as everyday wear beyond sportswear, it ruled, "Wearing leggings does not make a young woman a target of sexual desire," and "Although the defendant's act was inappropriate and caused discomfort to the victim, it is difficult to conclude that the victim felt sexual shame."

The Supreme Court overturned the decision again. The Supreme Court emphasized the act of secret filming by A, stating, "Sexual crimes involving hidden cameras are not necessarily limited to exposed body parts."

The retrial court's judgment was no different. It stated, "The sentence cannot be considered excessively heavy beyond a reasonable range," adding, "The defendant secretly filmed the victim's lower body on the same bus using his cellphone, and considering the circumstances and content, the nature of the crime is serious."

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