Article 10

The term “not less than,” “not more than,” or “within” includes the given figure.

 

The term “public official” means the following persons:

1. Those who empowered with legal function and power serve an organization of the state or a local autonomous body; and engaged in public affairs in accordance with law.

2. Those who, entrusted by an organ of the state or a local autonomous body, are engaged in the public affairs within the authority of the entrusting organization.

 

The term “official document” means a document made by a public official in the course of his duty.

 

The term “serious physical injury” means one of the following listed injuries:

1.Destruction of or seriously damage to the sight of one eye or both eyes.

2.Destruction of or serious damage to the hearing of one ear or both ears.

3.Destruction of or serious damage to the function of speech, taste, or smell.

4.Destruction of or serious damage to the function of one limb or more limbs.

5.Destruction of or serious damage to the function of reproduction.

6.Other serious injury to body or to health that is either impossible or difficult to cure (is either not or unlikely curable).

 

The term “sexual intercourse” means the following listed sexual acts that are not based on rightful purposes:

1.Insertion of a reproductive organ into the reproductive organ, anus or mouth of another person or an act of making them connected.

2.Insertion of a body part or an object other than a reproductive organ into the reproductive organ or anus of another person or an act of making them connected.

 

The term “electromagnetic recording” means records for computer processing made through the use of electronic, magnetic, optical or other similar means.

 

The term “abuse” means any act of abuse or maltreatment of another person in a violent, coercive or inhumane way.

 

The term “sexual image” means any image or electromagnetic record that has the contents prescribed in any of the following Subparagraphs:

1.Acts prescribed in Subparagraphs 1 or 2 of Paragraph 5.

2.Genitals or private parts of the body that are able to objectively arouse sexual desire or shame.

3.Acts that are able to objectively arouse sexual desire or shame by touching the part prescribed in the preceding paragraph with the body or utensils.

4.Other sex-related acts that are able to objectively arouse sexual desire or shame.

 

Article 91-1

Any person committing an offense specified in Articles 221 to 227, 228, 229 , 230, 234, item 2 of paragraph 2 of Article 332, item 2 of Article 334, and item 1of paragraph 2 of Article 348 and its special laws and has one of the following conditions may be ordered to a suitable establishment for compulsory treatment:

1.To be found through appraisal and evaluation during the period of receiving counseling or cure and before the expiration of the execution as having the danger of committing the offense again.

2.To be found through appraisal and evaluation while receiving physical and mental cure or counseling education under the provisions of other separate law as having the danger of committing the offense again.

 

The period of execution prescribed in the preceding paragraph shall be five years utmost; and before the expiration of the execution period, the prosecutor, if deeming it necessary to extend, may apply to the court for permission to extend such period. The first extension period shall be three years utmost, and the second and subsequent extension periods shall be one year utmost, respectively. However, if it is deemed unnecessary to continue the execution period, the court may suspend the execution of the treatment.

 

If one of the circumstances prescribed in paragraph 1 occurs after the execution of the treatment is suspended, the court may issue the order of attending any suitable premise to continue the compulsory treatment.

 

The period of compulsory treatment prescribed in the preceding paragraph shall be calculated altogether with the period already executed before the suspension of treatment.

 

During the execution or extension period prescribed in the three paragraphs above, it shall be assessed and evaluated annually to determine whether it is necessary to continue the treatment.

 

Chapter 28-1 Offense against Sexual Privacy and Synthetic Sexual Videos

Article 319-1

A person who takes photos, videos, electromagnetic records, or use other technological means to record sexual images of the victims without consent shall be sentenced to an imprisonment of not more than three years.

 

A person who intends to make profits by providing premises, tools or equipment to facilitate others to perform the acts prescribed in the preceding paragraph shall be sentenced to an imprisonment of not more than five years and may also be fined not more than five hundred thousand dollars.

 

A person that commits the offense prescribed in paragraph 1 with the intention of making profits, distributing, broadcasting, displaying publicly, or using other means for viewing by others shall be punished according to the provisions of the preceding paragraph.

 

An attempt to commit an offense specified in one of the preceding three paragraphs is punishable.

 

Article 319-2

A person who records sexual images by means of violence, coercion, intimidation or other means against the will of the victims by taking photos, videos, electromagnetic records or other technological methods or make the victims record such images by themselves shall be sentenced to an imprisonment of not more than five years and may also be fined not more than five hundred thousand dollars.

 

A person who intends to make profits by providing premises, tools, or equipment to facilitate others to perform the acts prescribed in the preceding paragraph shall be sentenced to an imprisonment for not less than six months but not more than five years, and may also be fined not more than five hundred thousand dollars.

 

A person that commits the offense prescribed in paragraph 1 with the intention of making profits, distributing, broadcasting, displaying publicly, or using other means for viewing by others shall be punished according to the provisions of the preceding paragraph.

 

An attempt to commit an offense specified in one of the preceding three paragraphs is punishable.

 

Article 319-3

A person who reproduces, distributes, broadcasts, delivers, displays publicly, or uses other means to allow others to view sexual images without the consent of victims shall be sentenced to an imprisonment of not more than five years, and may also be fined not more than five hundred thousand dollars.

 

A person who commits the offense of the preceding paragraph and the sexual images concerned contained the contents prescribed in paragraphs 1 to 3 of Article 319-1 shall be sentenced to an imprisonment for not less than six months but not more than five years, and may also be fined not more than five hundred thousand dollars.

 

A person who commits the offense prescribed in paragraph 1 and the sexual images concerned contained the contents prescribed in paragraphs 1 to 3 of the preceding Article shall be sentenced to an imprisonment for not less than one year but not more than seven years, and may also be fined not more than seven hundred thousand dollars.

 

A person who commits the offense of the preceding three paragraphs with the intention of making profit shall be subject to the punishment prescribed for such an offense by increasing it up to one half. The same applies to those who sell sexual images prescribed in the preceding three paragraphs.

 

An attempt to commit an offense specified in one of the preceding four paragraphs is punishable.

 

Article 319-4

A person who intends to distribute, broadcast, deliver, display publicly, or use other means to allow others to view the victims’ synthetic sexual images generated using computer synthesis or other technological methods, which is able to cause harm to such victims, shall be sentenced to an imprisonment of not more than five years, detention, or fined not more than five hundred thousand dollars.

 

The same applies to distribution, broadcast, delivery, public display, or using other methods to allow others to view the aforementioned sexual images, which is able to cause harm to victims.

 

A person who commits the crimes mentioned in the preceding two paragraphs with the intention of gaining profit shall be sentenced to the imprisonment of not more than seven years, and may also be fined not more than seven hundred thousand dollars. The same applies to those who sell sexual images in the preceding two paragraphs.

 

Article 319-5

The attachments to the sexual images and objects prescribed in Articles 319-1 to the preceding Article, regardless of whether they belong to the perpetrator or not, shall be confiscated.

 

Article 319-6

The prosecution for offenses prescribed in paragraph 1 of Article 319-1 and its attempt, and paragraph 1 of Article 319-3 and its attempt may be instituted only upon complaint.