CONTENTS
- 1. The Client Who Requested an Incheon Attorney Consultation

- - The Client's Charge as Reviewed in the Incheon Attorney Consultation
- - The Elements of Illegal Filming as Reviewed in the Incheon Attorney Consultation
- - The Approach to Responding, Explained in the Incheon Attorney Consultation
- 2. The Assistance Provided Through the Incheon Attorney Consultation

- 3. The Result of the Incheon Attorney Consultation: Punishment Averted Through a Suspension of Indictment

1. The Client Who Requested an Incheon Attorney Consultation
The client, a high school student, visited together with his parents and explained the circumstances of the case in detail.
The client explained that he had a video filmed during his relationship with the victim, his former girlfriend, and that he had captured and kept as an image a portion of the video showing the victim's legs and lower body.
The client's friends then happened to discover the captured image, the victim came to learn of it, and this led to a report to the school violence committee along with a criminal complaint.
Placed in jeopardy of criminal punishment, the client requested legal assistance from an Incheon attorney.

The Client's Charge as Reviewed in the Incheon Attorney Consultation
The charge of illegal filming using a camera is an offense that is punished strictly under the 'Act on Special Cases concerning the Punishment of Sexual Crimes.'
In particular, legal liability arises where the victim did not consent to the filming itself, or where the filmed image is kept or distributed for a purpose other than its original one.
🔗illegal filming using a camera, if established, is punishable by imprisonment for not more than seven years or a fine not exceeding fifty million won.
① A person who, using a camera or other device with similar functions, 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 seven years or a fine not exceeding fifty million won.
The Elements of Illegal Filming as Reviewed in the Incheon Attorney Consultation
The offense of illegal filming using a camera is committed when several conditions are met.
First, the filming must be done without the victim's consent, and a part of the body that may cause sexual shame must be filmed.
This includes parts of the body covered by clothing.
In addition, punishment is possible even for footage filmed without any specific sexual purpose, and distributing, providing, or selling the filmed material is also punishable.
The Approach to Responding, Explained in the Incheon Attorney Consultation
If you receive a notice to appear for police questioning on a charge of illegal filming using a camera, it is recommended to consult with an attorney in advance before responding to the questioning.
In consultation with an attorney, you should organize precisely what your conduct was, and in this process you should preserve the relevant evidence.
In addition, because an initial statement plays an important role in determining the direction of the case, it is recommended to be accompanied by an attorney so as not to make a disadvantageous statement during police questioning.
Afterward, you should examine, together with an attorney, the grounds for mitigation that can be argued.
After reviewing as a whole such factors as whether the person is a first-time offender, age, and conscientiousness as a member of society, mitigating circumstances should be argued so as to obtain the most lenient disposition possible.
Because the initial response in sex offenses such as illegal filming using a camera has a major effect on the outcome of the case, responding carefully with the help of an attorney experienced in this area can be helpful.
2. The Assistance Provided Through the Incheon Attorney Consultation
Through the Incheon attorney consultation, it was possible to examine the client's charge and the circumstances of the case carefully.
On this basis, the Incheon attorney actively emphasized the client's remorseful attitude and provided assistance as follows in order to obtain a lenient disposition.
The Incheon Attorney Emphasizes That an Amicable Settlement Was Reached with the Victim
The client acknowledged his wrongdoing and, along with a sincere apology, paid a settlement amount to the victim.
Through this, it was possible to confirm the withdrawal of the complaint and the victim's intention not to seek punishment, and on this basis the Incheon attorney argued that the client should be granted the greatest possible leniency.
The Incheon Attorney Emphasizes the Client's Mitigating Circumstances
The Incheon attorney emphasized that the client was a model student with no past record of delinquency and submitted his school records and other materials as supporting evidence.
In addition, the attorney submitted a letter of appeal from the client's parents and argued that, because they were expressing an active willingness to guide him, the client's likelihood of reoffending was low.
3. The Result of the Incheon Attorney Consultation: Punishment Averted Through a Suspension of Indictment
Through the Incheon attorney consultation, the prosecution accepted the arguments the Incheon attorney had prepared with the utmost care and issued a suspension of indictment conditioned on completion of an educational program regarding the client's charge, concluding the case.
The prosecution recognized the client's remorseful attitude, the settlement with the victim, and his efforts to prevent reoffending, and made a decision to provide an opportunity for rehabilitation and education rather than punishment.
The Incheon Attorney's Case Notebook
The case above is one in which an 🔗Incheon attorney provided assistance to a high school student client who had been subjected to a criminal complaint for illegal filming using a camera arising during a school violence case.
At Daeryun Law Firm, criminal attorneys registered with the Korean Bar Association do their utmost to protect clients' positions as fully as possible and to bring about favorable results.
If you are in a situation where you have been subjected to a criminal complaint as above, please feel free at any time to entrust your case through a 🔗legal consultation booking.

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.









