Punishment for Illegal Filming | Criminal Defense Attorney Secures Non-Prosecution for High School Student Who Filmed Repeatedly

The client, a high school student, filmed a female classmate with his mobile phone on approximately five occasions.

The female student had noticed the client's filming on several previous occasions and had cautioned him, but the client repeated the conduct.

Eventually, the female student's side reported the matter to the school, and the case was referred to the School Violence Committee while a report was also filed with the police.

The client then came to a criminal defense attorney with his parents and, in tears, pleaded “Attorney, please help me just this once so that I am not punished,” requesting assistance in defending against punishment for illegal filming.

In this illegal filming case, the criminal defense attorney determined that, as a matter of law, the establishment of the offense was difficult.

The offense of illegal filming using a camera prescribes, as an element of the crime, that the filming must capture “the body of a person that may cause sexual desire or shame.”

Elements of the Offense of Illegal Filming Using a Camera

However, in this illegal filming case, the attorney emphasized that, because what had been filmed were full-body photographs of the female student, it was difficult for the offense of illegal filming using a camera to be established.

As a result of analyzing the relevant precedents, the criminal defense attorney found that the precedents make their determinations on the premise that the offense is established only where ‘the body of a person that may cause sexual desire or shame’ has been filmed.

Accordingly, in this case as well, the attorney emphasized that it was difficult for the offense of illegal filming using a camera to be established and established the client's defense strategy on that basis.

Gwangju High Court, December 7, 2017, Judgment No. 2017No309, Offense Not Established

The criminal defense attorney systematically gathered materials that could be referred to for sentencing in connection with the client's case.

The attorney then submitted to the investigative authorities a written opinion containing the following points, appealing for leniency toward the client.

The reason the client above could be subject to criminal punishment despite being a minor is that, when a juvenile offender commits a crime, criminal responsibility is recognized.

A juvenile offender refers to a juvenile aged 14 or older and under 19 who has committed a crime.

A juvenile offender has criminal responsibility and may be subject to criminal punishment, but depending on the gravity of the offense and the need for protection, the offender may instead receive a protective disposition.

Therefore, it is very important to respond promptly from the earliest stage of the case in order to protect the client's rights and prepare a defense strategy.

When a high school student becomes involved in a sexual offense case, the student may face not only criminal punishment but also disadvantages in future matters such as university admission.

Daeryun Law Firm confirms, through consultation with the client, the circumstances in which the case arose, the filming situation, the intent, and other relevant details in detail.

The firm then analyzes the relevant precedents and legal principles, and systematically gathers sentencing materials such as whether the client has completed education on the prevention of sexual offenses, whether the client is a first-time offender, and a family petition, reflecting them in the written opinion.

If you are facing punishment for illegal filming in a situation such as the one above, please request assistance promptly through a 🔗legal consultation appointment.

Daeryun provides legal services grounded in trust.