Relevant Legal Provisions

Criminal Code Article 319-1, Paragraph 1：Anyone who, without another person's consent and without cause, photographs, films, records electromagnetically, or uses other technological methods to capture their sexual images shall be sentenced to imprisonment of not more than three years.

Criminal Code Article 319-3, Paragraph 1：Anyone who, without another person's consent and without cause, reproduces, distributes, broadcasts, delivers, publicly displays, or otherwise makes available for viewing their sexual images shall be sentenced to imprisonment of not more than five years, and may also be fined up to NT$500,000.

Facts and Reasons

The defendant in this case (our client) was in a romantic relationship with the complainant and recorded sexual images of the complainant during the relationship. After the breakup, disputes arose between the defendant, the complainant, and the complainant’s friends, which eventually gave rise to this case. Through joint coordination by the attorneys on both sides, the defendant successfully reached a settlement with the complainant.

Judgment

The public prosecution was not accepted.

The prosecutor indicted the defendant for alleged offenses of photographing sexual images without another's consent and making such images available for viewing without consent. However, according to Criminal Code Article 319-6, these are offenses prosecutable only upon complaint. As the defendant had already compensated the complainant, and the complainant submitted a withdrawal of the complaint, based on the above reasoning, after oral arguments, the court directly rendered a judgment of non-acceptance.
 

(Some details of the case have been adjusted or omitted to protect the parties' rights.)
 

Attorneys: Herman Lyu、Ian Lee