성폭력처벌법 제14조의2 허위영상물에 해당하지 않는 딥페이크(Deepfake) 음란물에 대한 형사법적 대응 방안

The Sexual Violence Punishment Act does not ask whether the illegal false video was produced 'for the purpose of distribution', so if even a minor edit was made to the original video, this would satisfy the objective element of the offense. Therefore, the key to punishment is on whether the video・image in question is in ‘a form likely to induce sexual desire or shame.' Moreover, although deepfake pornography and illegal fake videos are no different in terms of the harm the content imposes, the applicable law (either pornography or a sex crime) depends on whether the victim is specific and identifiable. In this regard, I would like to point out the problem of insufficient punishment and insufficient victim protection especially in cases where the identity of the victim cannot be recognized with a real victim. Since deepfake pornography is not included as one of digital sexual offense, many victims of sexual crimes have been mistreated as pornography reporters and excluded from all victim supports. Thus this paper examined whether deepfake pornography can be recognized as digital sexual offense and if deepfake pornography can be considered a digital sexual offense, the person who reported the crime should also be provided the digital sexual offense victim supports, such as deletion and search blocking of videos, etc.