디지털 영상이용 성폭력과 형사법적 대응방안에 대한 고찰- 소위 ‘리벤지 포르노’ 논의의 성편향성과 형법-

Digital Image Abuse Sexual Crimes' are committed by abusing the images of other person's body without his(her) consent over the internet or the social medias . It usually abuses the images of women or children for the purpose of satisfying sexual desires, illegal profits, anger, and illegal greed of the criminals. The Criminal justice is preparing the laws to punish sexual offenders in response to such crimes, which is "The Special Act on the Punishment of Sexual Violence"The applications of "The Special Act on the Punishment of Sexual Violence" have made some difficulties on the case of filming of other person's body using the cameras. The article 14 of the Act requires the filming of "the body which is causing sexual desires and sexual shame". The Supreme Court has declared that the someone using the cameras and taking the pictures of the body not causing sexual desires was not guilty. In some way, the crime victim's bodies are thought to be estranged from his(her) free will through these requirement of "the body which is causing sexual desires and sexual shame". These articles are considered to produce some malpractices including defects in response. If the perpetrator uses the above image or video as a means of intimidation or coercion, the requirement for "profit-making" is missing and there is only a way to punish them for threats or coercion.