CONTENTS
- 1. The Client's Situation

- - The Cheongju Attorney Reviews the Circumstances of the Client's Case
- 2. Daeryun's Assistance for the Cheongju Attorney's Client

- - The Cheongju Attorney Reviews the Prosecutor's Grounds for Appeal
- - The Cheongju Attorney Rebuts the Prosecutor's Grounds for Appeal
- 3. With Daeryun's Assistance, the Cheongju Attorney's Client Succeeds in Having the Appeal Dismissed

- - If You Are in a Situation Where You Need a Cheongju Attorney
1. The Client's Situation

The client had received a suspended sentence at the first trial on charges including illegal filming and distribution using a camera, but was appealed against by the prosecutor on the ground of an improper sentence.
#What Are the Elements and Punishment for Illegal Filming Using a Camera?
The Cheongju Attorney Reviews the Circumstances of the Client's Case
The Daeryun Cheongju attorney examined in detail everything from the case itself to the original judgment and the prosecutor's grounds for appeal in order to help have the client's appeal dismissed.
The client had often told his girlfriend that he wanted to try filming their sexual relations, but each time the girlfriend refused, so no filming had taken place.
On the day of the incident, the client again asked his girlfriend about filming, and because the girlfriend did not respond, the client took her silence to mean consent and filmed.
He then forgot about the video, and later accidentally posted it in a social media chat room with a friend.
His girlfriend learned of this and reported it, and he was indicted for violation of the Act on Special Cases concerning the Punishment of Sexual Crimes and received a suspended sentence at the first trial.
Statutes Related to Camera Filming Offenses Explained by the Cheongju Attorney
Act on Special Cases concerning the Punishment of Sexual Crimes Article 14 (Filming Using a Camera, etc.)
①A person who films the body of another person that may cause sexual desire or shame, against the will of the person filmed, using a camera or other device with similar functions, shall be punished by imprisonment of not more than seven years or a fine of not more than 50 million won.
②A person who distributes, sells, leases, provides, or publicly displays or screens a filmed item or its reproduction 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, subsequently distributes such filmed item or reproduction against the will of the person filmed, shall be punished by imprisonment of not more than seven years or a fine of not more than 50 million won.
③A person who, for profit, commits the offense under paragraph 2 against the will of the person filmed by using an information and communications network under Article 2 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., shall be punished by imprisonment for a definite term of at least three years.
④A person who possesses, purchases, stores, or views a filmed item or its reproduction under paragraph 1 or 2 shall be punished by imprisonment of not more than three years or a fine of not more than 30 million won.
⑤If a person habitually commits the offense under paragraphs 1 through 3, the punishment prescribed for that offense shall be aggravated by up to one half.
2. Daeryun's Assistance for the Cheongju Attorney's Client
The client had already received a suspended sentence at the first trial, so if the prosecutor's appeal were granted, he would inevitably be sentenced to an actual custodial term.
The Daeryun Cheongju attorney therefore undertook to defend against the appeal in order to maintain the client's suspended sentence.
The Cheongju Attorney Reviews the Prosecutor's Grounds for Appeal
The Daeryun Cheongju attorney examined the prosecutor's grounds for appeal based on an improper sentence in order to defend against the client's punishment.
Prosecutor's Grounds for Appeal
1. The nature of the conduct is very poor, in that he secretly filmed the victim without her consent and distributed it to another person.
2. The victim has not forgiven him and is petitioning for severe punishment of the client.
The Cheongju Attorney Rebuts the Prosecutor's Grounds for Appeal
The Daeryun Cheongju attorney rebutted the prosecutor's grounds for appeal and provided assistance to maintain the client's original judgment.
First, the Daeryun Cheongju attorney argued that the client had mistakenly believed the victim had consented.
Until then, the victim had clearly expressed her refusal by saying ‘no’ each time the client requested filming.
The attorney stressed that this was a situation in which the client could have mistaken the victim's lack of any response as implied consent.
In addition, although the client had sent it to a friend by mistake, he immediately requested that it be deleted and made efforts to prevent further distribution.
Finally, the Daeryun Cheongju attorney argued that the client sincerely apologized to the victim, who had been harmed by his misunderstanding and mistake, and was showing remorse.
3. With Daeryun's Assistance, the Cheongju Attorney's Client Succeeds in Having the Appeal Dismissed
The court accepted the Daeryun Cheongju attorney's submissions and rendered a judgment of ‘dismissal of the appeal’.
The client, who could have received greater punishment as a result of the prosecutor's appeal, succeeded in maintaining the original judgment with the help of the Daeryun Cheongju attorney.
If You Are in a Situation Where You Need a Cheongju Attorney
The reason a prosecutor files an appeal is to seek a heavier sentence than the one imposed at the first trial.
To prevent greater punishment, the help of an attorney can be a fast and reliable approach.
In addition, because severe punishment is often imposed in sexual offense cases even for a first offender, receiving legal help can be one of the safest ways to protect yourself.
Daeryun Law Firm provides tailored legal assistance for each client through a team of attorneys experienced in their respective fields.
If you are in a situation where you need a Cheongju attorney as described above, please come to the Cheongju attorney at Daeryun Law Firm.

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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