Mokpo Law Firm | Assists in the Appellate Trial of a Client Charged with Illegal Filming Using a Camera and Distribution, Securing a Suspended Sentence from a 1-Year Imprisonment

The client who came to the Mokpo law firm was facing the following charges.

The Mokpo law firm's client was running his own business, and there was a woman, Ms. A, whom he had been dating for several years.

Out of curiosity, the client took several photographs of Ms. A while she was sleeping. The client had entrusted Ms. A with about 300 million won of the money he had earned from his own business.

When he urgently needed money and demanded the return of that money, Ms. A continued to avoid his calls, and the angered client sent the photographs he had taken to Ms. A's father.

This was conduct constituting a violation of the Act on Special Cases concerning the Punishment of Sexual Crimes.

The Mokpo law firm's client was sentenced to 1 year of imprisonment for violating the Act on Special Cases concerning the Punishment of Sexual Crimes,

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 any other device with a similar function, films the body of another 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 by a fine not exceeding 50 million won.

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

The client at the Mokpo law firm had been sentenced to imprisonment for violating the above law.

The Mokpo law firm undertook to assist in response to the client's request to only have him escape the imprisonment.

As a result of the appellate defense by the Mokpo law firm, the court reversed the first-instance judgment of one year of imprisonment and entered a suspended sentence.

Although the first-instance proceedings conducted with another law firm had resulted in a sentence of imprisonment, this outcome was possible because Daeryun reexamines the way other firms have handled a case and proposes feasible ways to correct it.

In this case handled by the Mokpo law firm, the criminal conduct was clear, so reversing the first-instance judgment appeared difficult. With Daeryun's assistance, however, a suspended sentence was obtained.

If you, like this client, have worked with another law firm and did not obtain the result you wanted, please reach out to Daeryun.