Seoul Sex Crime Attorney | Assisting a Client Who Possessed Illegally Filmed Material and Obtaining a Suspension of Sentencing

🔗Illegal filming using a camera means that a person who, using a camera or the like, films another person's body 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 by a fine not exceeding 50 million won.

In addition, a person who distributes, sells, leases, provides, or publicly displays or screens such filmed material or its copies is also subject to the same punishment.

The important point here is that a person who possesses, purchases, stores, or views such filmed material or its copies is also punished.

As in the client's case, a person who possesses or views illegally filmed material is punished by imprisonment for not more than three years or by a fine not exceeding 30 million won.

In cases of sex crimes such as the possession and viewing of illegally filmed material, it is important to thoroughly examine "intent."

This is because, where a person viewed material by chance or unintentionally, establishing that there was no intent in that conduct can be an important issue affecting the level of punishment.

🔗Illegal Filming Using a Camera: The Supreme Court's Decision If the Filmed Object Is an Image of the Body

▲Suspension of Sentencing Despite Downloading a Link Address From Which 1,705 Items of Child and Youth Sexual Exploitation Material Could Be Downloaded

The defendant remitted 50,000 won as payment for purchasing child and youth sexual exploitation material, and was prosecuted on suspicion of downloading a link address from which a total of 1,705 items of 🔗child sexual exploitation material could be downloaded, saving the videos, and possessing them for three months.

The court suspended the pronouncement of sentence, considering that the defendant had confessed and showed remorse, that he had not distributed the videos to third parties, and that he had no record of criminal punishment. (Daejeon District Court Decision 2022Gohap235)

The client came across the illegally filmed material posted on the illegal site at issue.

Out of curiosity, the client viewed the photo and video files posted along with the post, and then downloaded the filmed material.

However, a network problem occurred during the download, so it could not be completed, and the client was unable to view the videos.

The Seoul sex crime attorney submitted evidence, through a file system analysis based on digital forensic results, that there was no record of the client viewing or playing the illegally filmed material.

The Seoul sex crime attorney argued that the client, although he had not viewed it, admitted all of the charged facts of possessing the illegally filmed material and showed deep remorse.

The Seoul sex crime attorney emphasized that the client had withdrawn from the site and had never downloaded any material other than the illegally filmed material in this case, and requested the utmost leniency.

The possession of illegally filmed material is a socially very sensitive offense that carries a high level of legal punishment.

In the case of sex crimes, since analyzing precedents in similar cases to draw a judgment favorable to the client is most important, it can be helpful to receive the assistance of an attorney experienced in many sex crime cases.

Daeryun Law Firm predicts the course of a client's case based on the results of AI data analysis of an extensive body of lower-court decisions, drawn from cases retained by Daeryun and independently obtained, and provides response strategies tailored to the situation.

If you are looking for a sex crime attorney in Seoul for a situation like the above, please visit Daeryun Law Firm's 🔗Seoul attorney office.