CONTENTS
- 1. The Client's Situation
- - The Client Who Requested Assistance From an Ansan Sexual Offense Attorney
- - Statutes Relevant to the Case
- 2. The Attorney's Assistance
- - The Attorney's First Argument | No Body Part Was Filmed
- - The Attorney's Second Argument | An Exemplary Life
- 3. Result of the Attorney's Assistance: “Non-Disposition”
1. The Client's Situation
The client, facing investigation on charges of attempted illegal filming using a camera and intrusion into a public place for sexual purposes, requested the assistance of a sexual offense attorney at the Ansan branch office.
The Client Who Requested Assistance From an Ansan Sexual Offense Attorney
The account of the client who requested assistance from the attorney is as follows.
After school, the client was playing a game on his mobile phone in a restroom located in a commercial building.
While doing so, his phone would not connect to the Wi-Fi, so he moved toward the women's restroom to get a better signal.
He then made eye contact with a woman while reaching his arm upward to catch the signal near the women's restroom.
The woman reported the client to the police, and the client, now facing a police investigation, sought out a sexual offense attorney at the Ansan branch office.
Statutes Relevant to the Case
■ Violation of the Act on Special Cases concerning the Punishment of Sexual Crimes (illegal filming using a camera)
A person who, without the other party's consent, unlawfully films a body that may cause sexual humiliation or discomfort may be punished.
Under the Act on Special Cases concerning the Punishment of Sexual Crimes, this offense is punishable by imprisonment for up to seven years or a fine of up to 50 million won. Even if a recorded video is deleted, it can be recovered through digital forensics, so denying the charge without supporting evidence may make the situation worse.
■ Violation of the Act on Special Cases concerning the Punishment of Sexual Crimes (intrusion into a public place for sexual purposes)
If a person secretly intrudes into a restroom and commits an offense, this constitutes intrusion into a public place for sexual purposes and may be punishable by imprisonment for at least one year or a fine of up to 3 million won.
To clear the misunderstanding and be cleared of the charge, one must investigate the circumstances in which the exposure occurred and actively explain that the entry was not for the purpose of committing a sexually lewd act.
2. The Attorney's Assistance
After closely reviewing the specific facts through consultation with the client, the attorney made the following arguments.
The Attorney's First Argument | No Body Part Was Filmed
For the charge against the client to be established, it must be proven that he attempted to film a body part that could arouse sexual desire or cause humiliation.
However, the attorney emphasized that, although the police examined the client's mobile phone based on the victim's statement, no recordings or traces of filming were found at all.
The Attorney's Second Argument | An Exemplary Life
Throughout his upbringing, the client has never caused any trouble and has led a diligent and upright life.
On this basis, the attorney emphasized that it is difficult to accept that the client would commit conduct such as the alleged delinquent act at a commercial building located right in front of his school, at the cost of ruining his relationships with classmates and teachers.
3. Result of the Attorney's Assistance: “Non-Disposition”
Accepting the attorney's arguments, the court issued a decision stating, “No disposition shall be made in this case.”
The client then visited the Ansan office with his parents and expressed his repeated thanks.
If You Are Involved in a Sexual Offense Case?
The case above is one in which the client, who was reported on charges including 🔗illegal filming using a camera , received a non-disposition decision with the assistance of an attorney and successfully concluded the matter.
As this shows, sexual offense cases tend to carry heavier sentences among criminal cases, so if you face multiple charges, the assistance of an attorney can be helpful.
Daeryun Law Firm identifies the client's situation in detail, gathers sentencing factors, and provides assistance such as accompaniment to police investigations.
If you are facing difficulties in a situation similar to the case above, you are welcome to entrust your case to an attorney at any time.
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.
