[Case of Assistance by a Jeju Sexual Assault Attorney] Suspended Sentence in a Sexual Offense Lawsuit With the Assistance of a Jeju Sexual Assault Attorney

The client, who came to the Jeju sexual assault attorney, was a man preparing for employment after graduating from university.

The client went to a lodging establishment with a girlfriend whom he had been dating for a short time.

The girlfriend, who was intoxicated, said she was curious about her intimate area and asked him to take a photo, and out of curiosity the client took a photo and showed it to her.

The next day, the client, who had checked the photo taken the day before, deleted it on the spot, but the girlfriend discovered the photo that remained in the trash and reported the client.

The client then came to the Jeju sexual assault attorney for the defense of the lawsuit for violation of the Act on Special Cases concerning the Punishment of Sexual Crimes.

■ Laws Related to the Case Explained by the Jeju Sexual Assault Attorney

◎ Act on Special Cases concerning the Punishment of Sexual Crimes

▶ Article 14 (Filming Using a Camera, etc.)
(1) A person who, using a camera or other device with similar functions, films the body of another person that may cause sexual desire or shame, against the will of the person filmed, shall be punished by imprisonment for not more than 7 years or a fine of not more than 50 million won.

(2) A person who distributes, sells, leases, provides, or publicly displays or screens (hereinafter referred to as “distribution, etc.”) a filmed item or its reproduction (including a reproduction of a reproduction; the same shall apply hereinafter in this Article) under paragraph 1, or who, even where the filming under paragraph 1 was not against the will of the person filmed at the time of filming (including the case of filming one's own body), subsequently engages in distribution, etc. of the filmed item or its reproduction against the will of the person filmed, shall be punished by imprisonment for not more than 7 years or a fine of not more than 50 million won.

(3) A person who, for profit and against the will of the person filmed, commits the offense under paragraph 2 by using an information and communications network under Article 2, paragraph 1, item 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (hereinafter referred to as the “information and communications network”) shall be punished by imprisonment for a definite term of not less than 3 years.

(4) A person who possesses, purchases, stores, or views a filmed item or its reproduction under paragraph 1 or 2 shall be punished by imprisonment for not more than 3 years or a fine of not more than 30 million won.

(5) A person who habitually commits the offenses under paragraphs 1 through 3 shall be subject to an increase of up to one half of the penalty prescribed for the relevant offense.

The Jeju sexual assault attorney argued that the offense committed by the client was not premeditated.

The client visited a lodging establishment with the victim, who was his girlfriend, and they naturally had relations.

At the time, the girlfriend, while intoxicated, said she wanted a photo of her intimate area taken, so the client took the photo out of curiosity and showed it to her.

The next day, the client deleted the photo right away, but the girlfriend discovered the photo that had been kept in the trash.

On this basis, the Daeryun Jeju sexual assault attorney argued that the offense was not premeditated by the client but was a spur-of-the-moment act.

The Jeju sexual assault attorney argued that the client was a first-time offender with no other criminal record.

The client had no choice but to take out a loan amid difficult financial circumstances, and was a diligent young man who repaid the loan in full bit by bit while working part-time.

The client deeply reflected on and regretted having unknowingly kept the photo of the offense, and was seeking the victim's forgiveness.

On this basis, the Daeryun Jeju sexual assault attorney pleaded that the client was a first-time offender and a young man who had lived diligently.

The Jeju sexual assault attorney argued that a criminal deposit had been made for the victim.

The client knew that the victim, who was his girlfriend at the time, had been deeply hurt by his offense, and so he reflected on his own and continued to seek forgiveness.

The Daeryun Jeju sexual assault attorney pleaded that the client had made a criminal deposit out of remorse toward the victim, even amid difficult financial circumstances.

The client, who came to the Jeju sexual assault attorney, was in a situation requiring defense in a lawsuit for violation of the Act on Special Cases concerning the Punishment of Sexual Crimes.

On this basis, the Daeryun Jeju sexual assault attorney formed a case team of Jeju attorneys with ample experience in sexual offense lawsuits and assisted with the lawsuit.

As a result, the court accepted the Jeju sexual assault attorney's arguments and imposed a suspended sentence on the client.

If you are someone who, like this client, needs defense in a sexual offense lawsuit, you are welcome to contact a Jeju sexual assault attorney at Daeryun Law Firm at any time.