Seocho criminal lawyer: "Punishment for filming using cameras, etc. has been strengthened with the revision of the sexual assault law."

A former broadcaster who was put on trial on charges of illegally filming a woman with a cell phone on the subway was sentenced to one year in prison at a trial on the 21st.

The sentence before the decision to presume trial was 6 months in prison, but the prosecution said, “Considering the recent situation that requires strengthened punishment for sexual crimes, we requested 1 year in prison, disclosure of personal information, 3 years of restriction on employment at institutions related to children, youth, and the disabled, and completion of a sexual assault treatment program.”

In fact, crimes using illegal cameras are increasing every year. According to the ‘2020 Sexual Crime White Paper’ published by the Ministry of Justice, illegal filming crimes using smartphones increased 5.8 times from 412 in 2013 to 2,388 in 2018. In particular, the rate of repeat offenders who followed the same sex crime methods of the past reached 75%.

From ultra-small cameras attached to buttons or glasses to cameras attached to lighters, methods of illegal filming are also becoming more sophisticated. Accordingly, each local government is cracking down on illegally installed ultra-small cameras in multi-use facilities such as public restrooms.

Seocho criminal lawyer Shim Jae-guk of Daeryun Law Firm said, "The attitude of the investigative authorities has become very strict due to the successive crimes and the resulting damage. With the recent revision of the Special Act on Sexual Violence, the level of punishment for filming using cameras (hidden camera crime) has been increased from 5 years in prison or a fine of up to 30 million won to 7 years in prison or a fine of up to 50 million won." “You must know that you are subject to punishment just for possessing, purchasing, storing, or watching videos,” he said.

He continued, “If you are found guilty of a hidden camera crime and are sentenced to a fine or higher, you may also be sentenced to various sex crime security measures such as personal information registration, public notice, and employment restrictions, which may put you at a great disadvantage in terms of your status. If you are suspected of illegal filming, you will need the assistance of a criminal lawyer with experience in sex crime cases from the beginning of the investigation.”

Attorney Shim said, “Especially when a hidden camera crime is an issue, whether ‘a person’s body that can cause sexual desire or shame’ was filmed can become an issue. We must respond specifically, individually, and relatively by comprehensively considering the victim’s clothing and degree of body exposure, the photographer’s intention and the circumstances that led to filming, the location, angle, and distance of the film, sentencing data, etc.” He added, “Above all, sincere reflection, agreement with the victim, and the absence of risk of repeat offenses must be communicated at the beginning of the investigation. “We must be careful to prevent secondary damage to the victim during the process,” he explained.

Daeryun Law Firm, which provided assistance, currently operates a nationwide network of law offices in Seoul, Busan, Daegu, Incheon, Gwangju, Daejeon, Ulsan, Suwon, Changwon, Cheongju, Jeonju, Uijeongbu, Chuncheon, Jinju, and Jeju. The sexual crimes team, which includes Seocho criminal lawyers, provides legal assistance in areas such as filming using cameras (hidden camera crime/illegal filming crime), trespassing into public places for sexual purposes, forcible molestation, and rape.

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