CONTENTS
- 1. The reason for the Gunsan attorney recommendation
- 2. Assistance for the client who came on a Gunsan attorney recommendation
- - Gunsan attorney recommendation strategy 1. Arguing a remorseful attitude
- - Gunsan attorney recommendation strategy 2. Arguing that the client had been suffering from a mental illness
- 3. The client who came on a Gunsan attorney recommendation succeeded in having the prosecutor's appeal dismissed
1. The reason for the Gunsan attorney recommendation
The client, who had been referred to a Gunsan attorney, had received a suspended sentence at the first trial on charges of illegal filming using a camera and distribution.
However, the prosecutor filed an appeal on the ground that the sentence was inappropriately lenient.
If the prosecutor's appeal were upheld, the client would inevitably receive an actual custodial sentence or a heavier penalty.
In order to have the prosecutor's appeal dismissed and to uphold the original judgment, the client sought out a Gunsan attorney.
The punishment in the case of the client who came on a Gunsan attorney recommendation
🔗The crime of illegal filming using a camera means filming illegally against the will of the person being filmed.
If a person secretly films part of another person's body and possesses or distributes the footage, the person may be subject to criminal punishment.
Even a photograph taken in a public place in which the face is not exposed may be subject to punishment for the crime of illegal filming using a camera if part of the body was filmed.
For the crime of illegal filming using a camera to be established as a criminal act, the act must be ▲against the will of the person being filmed and ▲must arouse sexual desire or shame.
If the charge is established, the person may be subject to imprisonment with labor for up to seven years or to a fine of up to 50 million won.
In addition, if the person receives a guilty verdict carrying a fine or heavier, the person may also be subject to an order to register and disclose personal information as a sex offender.
2. Assistance for the client who came on a Gunsan attorney recommendation
The Gunsan attorney undertook to assist the referred client in seeking dismissal of the prosecutor's appeal.
Gunsan attorney recommendation strategy 1. Arguing a remorseful attitude
The client who sought a Gunsan attorney has fully acknowledged his own wrongdoing and is deeply remorseful.
From the time of the police investigation, the client admitted all of the charges and cooperated actively with the investigation, and he did not change his position at the trial of first instance either.
Since being caught for the offense in this case, the client has been writing letters of reflection almost every day to reflect on his conduct.
He has maintained an attitude of such deep remorse that he continued to write letters of reflection even after the trial of first instance.
The Gunsan attorney argued that for such a client, a penalty heavier than that of the court below would be excessive.
Gunsan attorney recommendation strategy 2. Arguing that the client had been suffering from a mental illness
The client who sought a Gunsan attorney had never been in a relationship with a woman even by now, when he is over thirty years old.
As he grew older, he gradually came to feel deep loneliness and a sense of loss, and before the offense he had symptoms of emotional instability, including depressed mood, a sense of dejection, and reduced attention.
When he visited a psychiatrist and was examined, it was found that he was suffering from conditions including an unspecified habit and impulse disorder, an adjustment disorder, and nonorganic insomnia.
The Gunsan attorney argued that the client's offense was an impulsive act committed as a result of the loneliness and mental illness described above.
3. The client who came on a Gunsan attorney recommendation succeeded in having the prosecutor's appeal dismissed
The client who sought a Gunsan attorney succeeded in having the prosecutor's appeal dismissed.
The court held, "There appear to be no new circumstances or special changes in the situation indicating that the sentence of the court below is too lenient, and the sentence pronounced by the court below does not appear to exceed a reasonable range, so the prosecutor's appeal is without merit."
The offense of illegal filming using a camera, like that of the client in the case above, is a serious crime for which even an attempt is punishable.
Even for a first-time offender, an actual custodial sentence may be imposed, and as a security measure, personal information may be registered and disclosed.
For this reason, if you are implicated in such a charge, it is safest to respond with the help of an experienced attorney.
If you are looking for an attorney in a situation such as the one above, please contact the Daeryun Law Firm 🔗Gunsan office.
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.
