In the era of the fourth industrial revolution, it is anticipated that human
lifestyles would be optimized through the convergence of virtuality and reality.
Virtual reality(VR) and 3D printing, two leading technologies converging digital
and physical worlds, are common in that they realize 3D data in virtuality and
reality. In fact, they are fundamentally different from each other. While the former
makes users feel presence in a virtual space through the realization of 3D
information, the latter realizes 3D objects in a real world. These technologies
have drawn a lot of attention with the recent spread of COVID-19. As the
pandemic worsens, outdoor activities have been restricted. As a result, people’s
interest in VR contents which can be enjoyed at home has considerably risen. With
a shortage of COVID-19 preventive devices and medical equipment, some items
such as disposable COVID-19 testing tools and respiratory apparatus components
have been made, using a 3D printer. Therefore, 3D printing technology would
attract great attention from the mass media.

With the growth and development of VR and 3D printing technologies, there
should be discussion on changes in crime patterns and a criminal-justice response
plan. Such necessity can be confirmed by investigating the history criminal-justice
responses in the era of 2D data. With the emergence of cameras and copy
machine, for example, there were legal issues on copied s and
admissibility of photos. As the Internet and computer became more common,
there has been controversy over infringement of legal interests in the cyber space.
Then, a series of legislative measures have followed. However, considering such
chaos resulting from legal vacuum until legislations are in place, it is important
to discuss the influence of 3D data implementation technology on crime and
a criminal-justice response plan in advance.

While VR is a technology that enables interaction with users by blocking visual
information from the outside and providing a realistic virtual space, augmented
reality(AR) is a technology showing visual information by combining virtual
information with the real world. In terms of AR/VR-related legal issues, cyber-sex,
child pornography, cyber assault, terror training, cyber gambling and money
laundering along with technical issues including system malfunction have been
mentioned. With the spread of COVID-19, recently, VR technology has been
applied to diverse fields such as education and real estate as well as entertainment.
At the same time, there is a high possibility of exaggerated advertisement and
fraud. However, the biggest controversy over VR which enables presence and
immersion is sexual crime. Furthermore, as the number of platforms where
outcomes from the virtual space can be converted into real currency increases,
there is a rising concern about the virtual world as a channel of money laundering
or tax evasion. Hence, it is also required to discuss virtual asset-based terrorist
financing and money laundering.

3D printing, known as one of the most promising manufacturing technologies,
is a technology which makes it possible to build 3D objects based on 3D drawing.
Concerning this technology, some legal issues such as the generation of hazardous
materials and infringement of intellectual property rights also occur. With a rising
popularity of 3D printers, in particular, the production of weapons has become
easier. Copper technology can be used in building mold which is essential in
making counterfeit money. Especially, a 3D printer can be the perfect tool to
make counterfeit coins. In addition, stealing money from ATM after fabricating
an ATM skimmer using a 3D printer and a real estate scam with a fake fingerprint
made from silicone gained a great attention from the mass media across the
country and around the globe. Furthermore, when a sex doll is randomly
manufactured by copying a certain person’s face or body without consent from
her, there should be a review on whether or not a victim’s legal interest is handled
in terms of the infringement of portrait rights in the civil law or if criminal
regulations are needed on the production, sales and possession of a little girl
sex doll.

Even so, VR, AR and 3D printing are expected to reveal many positive aspects
in criminal justice. For example, VR enabling presence and immersion can be
applied to crime prevention programs designed for the general public and various
education and training programs developed for criminals or employees of criminal
justice agencies. It can also be used in helping victims get over trauma. The
AR-applied smart glasses could be useful in various search tasks. Moreover, 3D
data implementation technology can provide a clue to solve a case during
investigation or a trial by vividly recording or reorganizing a crime scene. In
particular, if an object which is hard to be presented to the court such as a
victim’s remains and a murder weapon is made with a 3D printer, the case can
be understood and solved in a more reasonable manner.

Meanwhile, it is necessary to build a criminal-justice response plan in the era
of 3D data implementation and convergence. According to the Act on the
Protection of Children and Youth against Sex Offenses, the production and
distribution of child/adolescent sexual abuse materials are punished. In fact, those
appearing in such sexually abuse materials shall be punished equally regardless
of if they are actually minors, or the materials are virtual objects. The
constitutional court ruled that such punishment is constitutional. Recently, the
act has been amended, and statutory penalty on child/adolescent sexual abuse
material-related crime has considerably increased. Considering the fact that such
crime would become more diverse as VR becomes more common, it is required
to differentiate the statutory penalty by reviewing the nature of the crime and
possibility of criticism. In addition, penalty on the import and production of child
sex dolls should be newly enacted, and there should be discussion on criminal
sanction against the illegal use of others’ portraits for the production of such
sex dolls. Furthermore, if a daily routine in a virtual world where physical and
virtual worlds converge, and users can join through an avatar accounts for a
great portion in their lives, sexual self-determination should be protected. While
the conversion of online game outcomes into real money is banned in the
Republic of Korea(ROK), it is permitted in some other countries, giving people
an opportunity to do so. In the U.S., in particular, they can be even converted
into encrypted cryptocurrency such as Bitcoin as well as dollar and euro. In other
words, users are able to easily turn their online game money into cryptocurrency
even though they do not have any bank account in a local country. As a modern
society is rapidly changing into a digital era, it is anticipated that VR-based
economic activities would be more important. Under such circumstances, there
should be legislative improvements to accept such digital items/information and
cryptocurrency as property, an object for theft or burglary.

In August 2020, the ROK government announced that it would introduce
AR-based smart glasses for an efficient search for suspects and wanted vehicles.
However, it is very unlikely that the ROK police would check identity through
face recognition in addition to searching vehicles using smart glasses due to strong
opposition from the public. However, if it becomes possible to check identity
using smart glasses through social discourse, a method to do so should be
specified through the current Crime Investigation Data Search Rules. Furthermore,
there should be a separate regulation on the use of smart glasses by the police.
Concerning mobile filming devices such as smart glasses, there also is a possibility
of privacy violation and a leak of the filmed videos. Therefore, proper operating
grounds should be established by law. Furthermore, regarding the VR or 3D printer
outputs presented to a court, its characteristics as evidence and admissibility can
differ depending on if a crime scene is kept as it is, or a case is represented.
If a crime scene is 3D-scanned by the police right after a crime happened, and
the video is presented to the court, it would be deemed as evidence from crime
scene photo. At Germany in 2016, the Auschwitz concentration camp was represented
through the VR, and the video was used in proving the crime charged against
the defendant who abetted the Holocaust (nearly 170,000 Jews) as a security guard
at the camp. In this case, the VR video did not have the crime scene as it was.
Instead, it was reproduced based on historical records. Therefore, it can be taken
as a part of the experts who investigated and represented the crime scene. In
China, the VR was used in hearing the witness’ testimony at a murder trial in
2018. However, there were some criticisms that even though the VR was helpful
in recalling the crime scene, it misled the witness’ testimony unfairly, containing
the defendant’s self-injury or stabbing the victim. Moreover, if the VR is used
in a court, it might help the judge or juries have a better understanding of the
case. At the same time, however, it could distort the truth.

In the era of COVID-19, the VR and 3D printing have gained a lot of attention
from the mass media. They are not the latest technologies which came out of
nowhere. It is not expected that they would significantly change people’s lives
either. However, it is necessary to understand how they work and what they can
do and discuss changes in legal-interest infringement patterns caused by such
technologies and a criminal-justice response plan. Basically, things can be used
for good or evil. Technology itself is neutral. After all, it depends on how it is
used. In 2019, the Korean translation of ‘Experience on Demand’, a book written
by Jeremy Bailenson who is the world’s best VR expert and professor from
Standford University, was released. From the perspective of the criminal law, both
VR and 3D printing are fearful but at the same time fascinating. Therefore, it
is anticipated that they would be utilized as charming technologies which can
quickly remedy crime victims’ trauma and provide dentures for sentenced inmates.