CONTENTS
- 1. Sex Crime Trial | Client Accused of Illegal Filming
- 2. Sex Crime Trial | The Assistance Provided by the Sex Crimes Attorney
- - Assistance of the Sex Crimes Attorney 1) Conducting Digital Forensic Analysis
- - Preparing a Written Opinion and Accompanying the Client to the Police Investigation
- - Submitting a Letter of Appeal and Materials on Mitigating Circumstances in the Sex Crime Case
- 3. Sex Crime Trial | Concluded With a Non-Referral Before Trial
- 4. Sex Crime Trial | Level of Punishment for the Crime of Illegal Filming Using a Camera
- - Assistance of the Sex Crimes Attorney at Each Stage of the Sex Crime Trial Process
- - If You Need the Assistance of a Sex Crimes Attorney
1. Sex Crime Trial | Client Accused of Illegal Filming
The client facing the prospect of a sex crime trial was a man in his late twenties who worked as an office employee.
The client and the partner with whom he was in a relationship (hereinafter, "the other party") often traveled together and took photographs and videos, and the video at issue had likewise been filmed during the relationship.
However, after the breakup, the other party submitted a complaint to the police, alleging that the client had filmed scenes of sexual intercourse without consent.
The client recalled that the other party had been aware of the filming at the time, but as time had passed, a substantial portion of the relevant materials had been deleted.
Nonetheless, concerned that the case, if prosecuted, could lead to a sex crime trial and could also affect his professional life, the client requested the assistance of a sex crimes attorney.
2. Sex Crime Trial | The Assistance Provided by the Sex Crimes Attorney
The client, who was in a situation that could lead to a sex crime trial, held several consultations with the sex crimes attorney.
The sex crimes attorney carried out the securing of evidence and the review of the applicable law in parallel and established a systematic response strategy so that the case could be concluded without a sex crime trial.
Assistance of the Sex Crimes Attorney 1) Conducting Digital Forensic Analysis
The sex crimes attorney cooperated with the digital forensics center to secure and analyze materials such as the message records with the other party and the records of sending photographs.
In that process, some of the deleted conversation content was recovered, and the attorney secured circumstantial materials showing that the other party had been aware of the filming.
On the basis of the materials thus secured, the sex crimes attorney argued that it was difficult to conclude that the client's act had been against the other party's will, thereby disputing the elements required to establish the charge of illegal filming using a camera.
Preparing a Written Opinion and Accompanying the Client to the Police Investigation
The sex crimes attorney prepared a written opinion organizing the facts of the case and submitted it to the investigative authorities.
The written opinion systematically organized the circumstances at the time of filming, the conversation content in which the other party had expressed consent, and the portions in which the other party had reversed earlier statements, so that the investigative authorities could make an objective determination.
In addition, the attorney prepared the anticipated questions and the direction of the answers before the police investigation and also accompanied the client on the day of the investigation to assist in ensuring that the client's statements were accurately conveyed to the investigator.
Submitting a Letter of Appeal and Materials on Mitigating Circumstances in the Sex Crime Case
To prove the client's everyday conduct and social relationships, the sex crimes attorney submitted letters of appeal written by the client's family and acquaintances.
The letters of appeal stated that the client had ordinarily conducted his social life diligently and had no prior record of causing similar problems.
On the basis of these materials, the sex crimes attorney comprehensively demonstrated the client's character, conduct, and likelihood of reoffending, and emphasized the need for leniency.
3. Sex Crime Trial | Concluded With a Non-Referral Before Trial
The investigative authorities comprehensively reviewed the written opinion and the digital forensic analysis materials submitted by the sex crimes attorney.
As a result, they determined that there was insufficient evidence to conclude that filming against the other party's will had taken place at the time.
In addition, they found that, because a reasonable doubt remained as to whether there had been consent to the filming, it was difficult to recognize the charge.
Ultimately, a non-referral decision was rendered for the client, and the case was concluded at the investigative stage without proceeding to prosecution by the prosecutors' office or to a sex crime trial.
The client was able to be free from the burden of a sex crime trial and return to daily life.
4. Sex Crime Trial | Level of Punishment for the Crime of Illegal Filming Using a Camera
The crime of illegal filming using a camera, which is frequently at issue in sex crime trial cases, may be punished under Article 14 of the Act on Special Cases concerning the Punishment of Sexual Crimes.
Act | Level of Punishment |
|---|---|
Filming a person's body against that person's will |
or a fine of up to 50 million won
|
Distributing, selling, leasing, providing, displaying, or screening the filmed material | |
Distributing without subsequent consent, even where there was consent at the time of filming | |
Distributing filmed material using an information and communications network for profit |
Imprisonment for a definite term of at least three years
|
Possessing, purchasing, storing, or viewing illegally filmed material or copies thereof |
or a fine of up to 30 million won |
Habitually committing illegal filming or distribution offenses |
Aggravated by up to one-half of the statutory penalty for each crime |
Because the crime of illegal filming using a camera may, depending on the facts, lead to serious criminal matters such as a sex crime trial, a careful response is required.
Assistance of the Sex Crimes Attorney at Each Stage of the Sex Crime Trial Process
1. Receipt of a Complaint or Report
An investigation begins upon a complaint by the victim or a report by a third party.
2. Police Investigation
Examination of the victim, examination of the suspect, gathering of evidence, and digital forensics are carried out.
3. Referral or Non-Referral of the Case
If the police determine that there is a charge, they refer the case to the prosecutors' office, and if they determine that there is no charge, they render a non-referral decision.
4. Prosecutorial Investigation and Decision on Whether to Indict
The prosecutors' office reviews the case records and then decides on a non-prosecution or an indictment.
5. Conduct of the Criminal Trial
If an indictment is made, trial proceedings are conducted before the court, with examination of evidence and oral argument.
6. Pronouncement of Judgment
The court determines guilt or innocence and the sentence.
7. Appeal and Final Appeal
If a party does not accept the judgment, the party may file an appeal or a final appeal with a higher court.
If You Need the Assistance of a Sex Crimes Attorney
In illegal filming cases where the issue of consent to filming is at stake, securing objective materials is of the utmost importance.
Deleted conversation content or files can in some cases be recovered through digital forensics, and it is also necessary to carefully review whether there is any discrepancy between the other party's statements and the objective materials.
In particular, because the evidence and statements secured in the early stage of the investigation can affect the direction of a sex crime case, it is important to prepare a response strategy early.
At Daeryun, the ninth-largest law firm in Korea (based on 2025 National Tax Service value-added tax filings), sex crimes attorneys and the 🔗Digital Forensics Center cooperate to assist clients.
Strength | Content |
|---|---|
Assistance of a sex crimes attorney | Establishment of a case-specific response strategy |
Collaboration with digital forensics | Recovery and analysis of deleted data |
Review of evidence | Securing and organizing objective evidence |
Response to investigation and trial | Preparation for investigative authority questioning and trial |
One-team system | Collaborative response by experts in each field |
If you are currently in a situation that requires help, like the client in this case, we recommend that you proceed with a 🔗legal consultation reservation.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
