Court [Yonhap]
Court [Yonhap]

A man who captured and spread a nude image accidentally exposed during a victim's Instagram live stream — and continued to mock and harass her even after a criminal conviction — has been ordered to pay 12 million won ($8,830) in damages.

Seoul Central District Court Judge Kim Do-yo recently ruled in favor of the plaintiff, identified as A, in a damages lawsuit she filed against the defendant, identified as B. The court ordered B to pay A a total of 12.03 million won. A had sought 30.26 million won.

In May 2023, A accidentally exposed her nude body during an Instagram live broadcast.

B captured a screenshot of the broadcast and posted A's nude image alongside mocking commentary on his own Instagram account six times. During this period, he kept the nude photo up for 24 hours and posted a message telling visitors to his account to screenshot and save the image before time ran out.

B was indicted on charges of violating the Act on Special Cases Concerning the Punishment of Sexual Violence Crimes and of insult. In May 2024, he received a one-year prison sentence, suspended for three years.

His behavior did not stop after the criminal conviction, however.

In April last year, B again referenced the nude photo incident and his criminal punishment on his Instagram account. When A protested, B sent her a text message warning that he would report her for stalking if she contacted him again.

A told B that the nude images had spread to people around her, causing her deep shame and distress, and that she was receiving psychiatric treatment. She called for him to stop mentioning her.

A later attempted to take her own life and received emergency room treatment. B nonetheless continued to post content mocking her, referencing her nickname and the nude exposure incident.

A ultimately filed a lawsuit against B seeking damages.

The court said B's initial act of spreading the nude image went "beyond a simple emotional conflict with A" and constituted an active effort to capture A's accidental nude broadcast and spread it to others alongside insults and mockery.

The court added that such conduct "would clearly cause considerable psychological suffering to ordinary people — particularly those like A who enjoy communicating with others through Instagram — and leave significant lasting effects on both their online and offline lives."

The court also found a substantial causal link between B's conduct and A's suicide attempt.

Noting that B had again referenced the incident on social media four days before A's suicide attempt, the court said A "appears to have suffered compounded psychological distress as she was reminded of the crime and prepared for legal proceedings over the harm she suffered."

However, the court said factors beyond B's conduct — including other personal relationships — also contributed to A's suicide attempt, and limited B's liability for her related medical expenses to 10 percent.

The court also found B separately liable for the posts he made after his criminal conviction.

"During his probationary period, B showed no remorse and posted content suggesting that A had deliberately spread her own nude photos to frame him as a sex offender," the court said. "It is recognized that he committed secondary harm against A and continuously insulted her, violating her personal rights."

The court ordered B to pay A a total of 12.03 million won, comprising 8 million won in consolation damages for the initial nude photo distribution, 3 million won and 1 million won in consolation damages for subsequent posts, and a portion of her medical expenses.


bbo@heraldcorp.com