[Suspended Sentence Obtained by a Gwanggyo Criminal Law Specialist Attorney] The Client Receives a Reduction to a Suspended Sentence With Daeryun's Help

This is the overview of this case as identified by the Gwanggyo criminal law specialist attorney.

The client paid money and had sexual relations with the victim.

The client secretly filmed this situation with his mobile phone without the victim's consent.

In the meantime, the victim noticed him filming and reported it to the police.

The client was arrested by the police who responded to the report.

In the course of this, the client came to the Gwanggyo criminal law specialist attorney of Daeryun to find a way to respond to the case.

■ Punishment for Illegal Filming Using a Camera (Filming, Distribution, Possession, Viewing)

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 other device with a similar function, films the body of another person that may cause sexual desire or shame, against that person's will, shall be punished by imprisonment for not more than 7 years or by a fine of not more than 50 million won.

② A person who distributes, sells, leases, provides, or publicly displays or screens the filmed material or its reproduction 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, subsequently distributes or otherwise disposes of the filmed material or its reproduction against that person's will, shall be punished by imprisonment for not more than 7 years or by a fine of not more than 50 million won.

③ A person who, for the purpose of profit, commits the crime under paragraph (2) against the will of the person filmed by using an information and communications network under Article 2 (1) 1 of the "Information and Communications Network Act" shall be punished by imprisonment for a definite term of not less than 3 years.

④ A person who possesses, purchases, stores, or views the filmed material or its reproduction under paragraph (1) or (2) shall be punished by imprisonment for not more than 3 years or by a fine of not more than 30 million won.

⑤ Where a person habitually commits any of the crimes under paragraphs (1) through (3), the punishment shall be aggravated by up to one half of the punishment prescribed for that crime.

■ The Suspended Sentence Explained by the Gwanggyo Criminal Law Specialist Attorney

Criminal Act, Article 62 (Requirements for a Suspended Sentence)

① When imposing a sentence of imprisonment or imprisonment without labor for not more than 3 years, or a fine of not more than 5 million won, the court may, taking into account the matters under Article 51, suspend the execution of the sentence for a period of not less than 1 year and not more than 5 years where there are grounds in the circumstances meriting consideration. However, this does not apply where the sentence is imposed for a crime committed during the period up to 3 years after the execution of a sentence of imprisonment without labor or heavier, imposed by a final judgment, is completed or remitted.

The client acknowledged all of the charges and actively cooperated with the investigation by voluntarily submitting his mobile phone.

The client, while reflecting on his offense, received sex-related treatment.

The client is also an exemplary person with no criminal record of any kind.

The client's filming of the video was a clear wrong.

However, the video was not properly captured, and it was deleted immediately after filming.