Unanimous Opinion by the Constitutional Court Justices

The Constitutional Court has rejected a constitutional complaint filed by Jo Joo-bin, the main perpetrator of the 'Doctor's Room' case involving the production and distribution of sexually exploitative videos of minors, who requested another opportunity to contest his sentence.

Jo Joo-bin, the main perpetrator of the 'Doctor's Room' case involving the production and distribution of sexually exploitative videos of minors. Photo by Yonhap News Agency

Jo Joo-bin, the main perpetrator of the 'Doctor's Room' case involving the production and distribution of sexually exploitative videos of minors. Photo by Yonhap News Agency

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According to the legal community on August 10, the Constitutional Court unanimously dismissed last month the constitutional complaint filed by Jo, who had asked the court to rule on the constitutionality of Article 383, Clause 4 of the Criminal Procedure Act. Article 383, Clause 4 of the Criminal Procedure Act stipulates that only in cases where the death penalty, life imprisonment, or imprisonment for more than 10 years is imposed, can significant factual errors or evident unreasonable sentencing be grounds for appeal.


From May 2019 to February 2020, Jo coerced dozens of female victims, including minors and teenagers, to produce sexual exploitation materials, which he then sold and distributed via Telegram. In October 2021, the Supreme Court finalized his sentence to 42 years in prison. In February 2024, he was given an additional four months' imprisonment upon confirmation by the Supreme Court, after being indicted for forced molestation. Furthermore, in September 2022, he was additionally indicted for sexually exploiting and raping a victim who was a minor in 2019, receiving an additional five-year sentence confirmed by the Supreme Court in December last year.


Jo claimed that, since the five-year sentence handed down in this case combined with his previously finalized 42 years and four months of imprisonment exceeds 10 years, he should be eligible to appeal the case on the grounds of significant factual errors or unreasonable sentencing under the Criminal Procedure Act, and thus applied for a constitutional review of this law during his appeal trial.



After the Supreme Court rejected both his assertion and his appeal, Jo filed a constitutional complaint.


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