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Successful Claim for Damages Due to Illegal Photography and Unauthorized Commercial Use by a Skincare Clinic

26-07-06 97

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1. Case Overview
The client visited a skincare clinic operated by the defendant to receive a massage. However, the defendant arbitrarily photographed the client’s body without consent while the client was undressed for the massage. Furthermore, the defendant published these illegally obtained photographs on the clinic’s portal site page for promotional purposes without authorization. Upon discovering this, the client suffered extreme mental distress, leading to psychiatric treatment, and commissioned Law Firm Theo to hold the perpetrator legally accountable.
 

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2. Unique Aspects of the Case This case went beyond a simple violation of portrait rights; it was highly egregious as it involved the unauthorized use of photographs exposing the body for commercial purposes. To secure the maximum civil damages (compensation for emotional distress and property damage), the following issues had to be meticulously proven:
  • Specification of Damages: The client's mental suffering had to be quantified into objective data to persuade the court.
  • Accurate Calculation of Property Damage: We had to prevent the perpetrator from unfairly deducting amounts during the refund process for the remaining membership balance, ensuring a full refund.
  • Highlighting the Perpetrator's Attitude: A strategy was required to increase the compensation for emotional distress by comprehensively linking the perpetrator's unremorseful attitude post-incident with the results of criminal punishment.

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3. Attorney Assistance The legal team at Law Firm Theo prioritized the client’s recovery and provided comprehensive assistance to clearly establish liability for the defendant's illegal acts.
  • Meticulous Evidence Collection and Argument for Increased Compensation: We clearly pointed out that the purpose of posting the photos was "promotion" for business profit. We emphasized the severity of the damage by specifically proving the duration the photos were posted and the extent of bodily exposure.
  • Proving Causation: To demonstrate the magnitude of the shock the client experienced, we submitted actual psychiatric treatment records and actively clarified the causal relationship with the illegal act.
  • Defense Against Unfair Deductions: We identified circumstances where the defendant attempted to unfairly deduct the value of free gifts (oil) while settling the pre-paid membership amount. We strongly argued against this deduction, thereby preserving the property damage claim to the fullest extent.
  • Emphasizing Attitude and Punishment: We detailed the problematic attitude of the defendant after the incident and the level of punishment received to the court, guiding these factors to be reflected as aggravating elements in calculating the emotional distress compensation.


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4. Result of Assistance
The court actively accepted Law Firm Theo's arguments and clearly recognized the defendant's liability for damages due to the illegal act. The court fully acknowledged the psychiatric treatment costs claimed by the client and the pre-paid membership settlement (successfully defending against the unfair gift deduction) as property damage. Furthermore, the purpose of posting the illegal photos, the scope of exposure, and the defendant's attitude—all emphasized by Law Firm Theo—were reflected, resulting in a significant amount of emotional distress compensation and a successful victory.


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