CONTENTS
- 1. How the Client Came to the Seongnam Criminal Attorney
- - The Account of the Client
- - The Laws Related to the Case Explained by the Seongnam Criminal Attorney
- 2. The Seongnam Criminal Attorney's Assistance
- - The Seongnam Criminal Attorney's Assistance ① A Spontaneous Offense
- - Assistance From a Seongnam Criminal Attorney ② Settlement With the Victim
- - Assistance From a Seongnam Criminal Attorney ③ No Prior Criminal Record
- 3. Result of the Seongnam Criminal Attorney's Assistance: “Suspension of Indictment”
1. How the Client Came to the Seongnam Criminal Attorney
The client whom the Seongnam criminal attorney met had been booked on a charge of illegally filming a woman in the subway after making a momentary wrong judgment.
In order to defend against punishment through legal assistance, the client visited the Seongnam office while searching for a criminal attorney.
The Account of the Client
The client is an ordinary office worker. He explained that he had recently been suffering from depression for various reasons.
Then one day, the client, who had boarded the subway with a woman, could not restrain a momentary urge and secretly filmed the woman's body with his cellphone.
He was caught by another passenger who was on board, his illegal filming was discovered, and this led to a criminal complaint, leaving him facing punishment.
In order to avoid an actual custodial sentence and defend against punishment as much as possible, the client came to the Seongnam criminal attorney.
The Laws Related to the Case Explained by the Seongnam Criminal Attorney
When a person, like the client, secretly films using a camera without the consent of the person being filmed, this constitutes the crime of 🔗illegal filming using a camera.
The crime of illegal filming using a camera is established not only for simple filming but also when the material is distributed without authorization.
To determine whether the crime of illegal filming using a camera is committed, the purpose and unlawfulness of the filming, as well as the sexual humiliation felt by the person filmed, often operate in combination.
For this reason, determining whether the crime of illegal filming using a camera is committed requires a professional legal review, so receiving the help of an attorney can be helpful.
The laws governing punishment for the crime of illegal filming using a camera are as follows.
① A person who films the body of another person that may cause sexual desire or humiliation, against that person's will, using a camera or other device with similar functions, shall be punished by imprisonment for up to 7 years or a fine of up to 50 million won.
In addition, you should be aware that the sentence may be aggravated if the crime of illegal filming using a camera is committed habitually.
2. The Seongnam Criminal Attorney's Assistance
The Seongnam criminal attorney reviewed the client's case comprehensively and in detail, devised a strategy to defend against punishment, and argued as follows.
The Seongnam Criminal Attorney's Assistance ① A Spontaneous Offense
The Seongnam criminal attorney emphasized that the client was not the kind of person who would normally engage in this type of illegal filming and that he committed this offense after a spontaneous lapse in judgment.
Assistance From a Seongnam Criminal Attorney ② Settlement With the Victim
The client conveyed a sincere apology to the victim along with a sum of money to compensate for the harm and reached a settlement, emphasizing that the victim also did not wish for the client to be punished.
Assistance From a Seongnam Criminal Attorney ③ No Prior Criminal Record
The Seongnam criminal attorney emphasized that the client had been a law-abiding citizen with no prior criminal charges or record of criminal punishment, asking that this be taken into account in determining the punishment.
3. Result of the Seongnam Criminal Attorney's Assistance: “Suspension of Indictment”
With the representation of the Seongnam criminal attorney, the client did not proceed to a criminal trial and received a suspension of indictment, bringing the matter to an amicable conclusion.
As in the client's case, illegal filming using a camera often results in a severe punishment even for first-time offenders, so receiving an attorney's assistance from the early stage is important.
This is because determining whether illegal filming using a camera is committed requires a comprehensive consideration of whether the offense was habitual, whether there was a profit-seeking purpose, and whether the victim felt sexual humiliation.
Daeryun Law Firm has attorneys who draw on extensive case experience to respond in a tailored manner from the early stage of a case through to its conclusion.
Please feel free at any time to make a 🔗legal consultation reservation to receive a consultation.
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.
