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Deals & Cases

Illegal filming using a camera

Illegal Filming Defense Case | Client Who Secretly Filmed With a Camera on Several Occasions Receives a Suspended Sentence

This is a case in which the client, who was indicted on a charge of illegal filming using a camera and faced the possibility of an actual custodial sentence, received a suspended sentence through the assistance of an attorney specializing in sexual offense cases.

CONTENTS
  • 1. The Client Who Requested a Defense Against Illegal Filming
    • - The Detailed Background of the Case
  • 2. Assistance for the Defense Against Illegal Filming
    • - Organizing the Facts and Emphasizing an Attitude of Remorse
    • - Completion of Recidivism Prevention Education for Sexual Offenses
    • - Spontaneous Offense and the Possibility of Recidivism
  • 3. The Result of the Illegal Filming Case, “A Suspended Sentence”
  • 4. Illegal Filming, the Level of Punishment and Criteria for Assessment
    • - Criteria for Assessment
    • - FAQ
  • 5. Illegal Filming, if a Defense Is Needed

1. The Client Who Requested a Defense Against Illegal Filming

The client, who was set to stand trial on a charge of illegal filming using a camera after being caught secretly filming the bodies of others on commutes and on public transportation, requested the assistance of an attorney specializing in sexual offense cases in order to defend against punishment.

The Detailed Background of the Case

The client in this case had been caught secretly filming the bodies of others on several occasions on crowded streets during commutes and on public transportation.

As the repeated filming continued, the client was caught at the scene following a report from a bystander, and was set to stand trial on a charge of violating the Act on Special Cases concerning the Punishment of Sexual Crimes (filming using a camera or similar device).

Because the number of instances of filming was high and the victims were unspecified members of the public, the risk of an actual custodial sentence was assessed as high.

Determining that it was difficult to respond independently in this situation, the client requested the assistance of an attorney specializing in sexual offense cases from the initial investigation stage in order to prepare the legal response strategy the case required.

Daeryun illegal filming defense request case background

2. Assistance for the Defense Against Illegal Filming

The issues in this case were as follows.

① The possibility of an actual custodial sentence due to repeated filming

② The impossibility of settlement because the victims could not be identified

In response, the attorney specializing in sexual offense cases prepared a strategy aimed at obtaining a suspended sentence by intensively securing mitigating factors, including participation in recidivism prevention education and psychological counseling and the submission of a family petition and a letter of apology.

Organizing the Facts and Emphasizing an Attitude of Remorse

The attorney specializing in sexual offense cases conducted thorough consultation and preparation before the investigation so that the client could organize the facts accurately.

The attorney actively asserted during the trial that the client had confessed to all of the offenses and had cooperated faithfully with the investigation, emphasizing that there was no intention to deny the charges.

In addition, the letter of apology was supplemented and submitted several times, and it was used as sentencing material that clearly showed the client's remorse and willingness to reform.

Completion of Recidivism Prevention Education for Sexual Offenses

In order to have the risk of recidivism assessed as low, the attorney specializing in sexual offense cases guided the client through completing recidivism prevention education and cognitive behavioral improvement training, and provided practical assistance so that the entire process proceeded without difficulty.

Based on the results of completing the education and the client's changed awareness, the attorney emphasized at trial as a sentencing factor that “the client recognized the problem on their own and actively participated in improving their conduct.”

Through this, the attorney persuasively presented, together with objective material, that the possibility of recidivism was significantly low.

Spontaneous Offense and the Possibility of Recidivism

The attorney specializing in sexual offense cases emphasized at trial that this case was a spontaneous offense arising from curiosity and that there was little planning or intent.

The attorney highlighted that the client had not proceeded to any other unlawful act beyond the filming, and that there had been no additional act of storing, transmitting, or distributing the recorded material whatsoever.

In addition, the attorney argued that the client was a first-time offender with no record of criminal punishment and that the possibility of recidivism was low.

3. The Result of the Illegal Filming Case, “A Suspended Sentence”

The court, accepting the arguments of the attorney specializing in sexual offense cases, considered the following circumstances and imposed a suspended sentence.

▷ The fact that the client was a first-time offender with no record of criminal punishment

▷ The fact that the client's family pleaded for leniency

▷ The fact that the recorded material was not distributed elsewhere

▷ The fact that the client faithfully completed recidivism prevention education for sexual offenses

As a result, the client was able to avoid the risk of an actual custodial sentence and return to daily life.

4. Illegal Filming, the Level of Punishment and Criteria for Assessment

Criteria for assessing the level of punishment for illegal filming

Illegal filming using a camera is a crime that punishes the act of filming another person's body without consent, or of distributing or storing the recorded material without authorization.

It is provided for in Article 14 of the Act on Special Cases concerning the Punishment of Sexual Crimes, and the level of punishment is as follows,

▶ Article 14 of the Act on Special Cases concerning the Punishment of Sexual Crimes

Filming using a camera or similar device

Imprisonment for not more than seven years or a fine not exceeding 50 million won

Criteria for Assessment

According to Supreme Court Decision 2008Do7007, rendered on September 25, 2008, whether something constitutes ‘another person's body that may arouse sexual desire or cause sexual humiliation’ is assessed as follows,

▶ Supreme Court Decision 2008Do7007, rendered on September 25, 2008

Whether something constitutes ‘another person's body that may arouse sexual desire or cause sexual humiliation’ must be determined specifically and individually, by objectively considering whether it constitutes a body that may arouse sexual desire or cause sexual humiliation from the perspective of ordinary, average people of the same sex and age group as the victim, while also comprehensively considering the victim's clothing and degree of exposure, as well as the filmer's intent and the circumstances leading to the filming, the location, angle, and distance of the filming, the image of the original recorded material, and whether a particular body part was emphasized.

In other words, the assessment is based on whether the body in question is likely to arouse sexual desire or cause sexual humiliation from the perspective of ordinary people belonging to the same sex and age group as the victim.

In addition, the following matters are also considered comprehensively in making the assessment.

ㆍ The victim's clothing and degree of exposure
ㆍ The filmer's intent and the circumstances leading to the offense
ㆍ The location, angle, and distance of the filming
ㆍ The image of the original recorded material
ㆍ Whether a particular body part was emphasized

Therefore, in determining whether the crime of illegal filming applies, one must comprehensively consider not only the filmer's intent but also the victim's situation, the filming environment, and objective social standards.

FAQ

Q. Can a person be punished for the crime of illegal filming merely for distributing or possessing recorded material?

The act of distributing, transmitting, storing, or viewing the recorded material itself is also punished as a separate crime.

ㆍ Unauthorized distribution, sale, lease, public display, and similar acts: imprisonment for not more than seven years or a fine not exceeding 50 million won
ㆍ Possession, purchase, storage, or viewing alone: imprisonment for not more than three years or a fine not exceeding 30 million won

In addition, if such crimes are committed habitually, the sentence may be increased.

Q. How should a person respond if they are subject to investigation or trial for the crime of illegal filming?

If a person becomes involved in an illegal filming case, it is important to respond carefully from the initial stage.

At trial, factors such as whether the defendant is a first-time offender, whether the recorded material was distributed, and whether a settlement was reached with the victim serve as important factors in determining the sentence.

Considering these factors comprehensively, the sentence, including the possibility of a suspended sentence, may be determined.

5. Illegal Filming, if a Defense Is Needed

Daeryun attorney specializing in sexual offense cases, the necessity of assistance for illegal filming

By the nature of the offense, illegal filming cases carry heavy sentences, and when there are multiple victims the sentence may be increased further, so an early response is very important.

In particular, if an appropriate response strategy is not prepared at the early stage of the case, unfavorable investigation records or evidence may be reflected at trial as they are, so professional assistance is essential.

Our firm reviews the case closely from the initial investigation stage, systematically organizes the factors that affect sentencing, and establishes a strategy that can reduce the possibility of an actual custodial sentence.

In addition, through mock investigation simulations, our firm prevents unfavorable statements and provides comprehensive support, including the process of reaching a settlement with the victim.

If you are at risk of punishment on a charge of illegal filming, 🔗Legal Consultation Reservation, we hope you will prepare a response strategy.

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This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
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