CONTENTS
- 1. Chuncheon Law Office | How the Client Came to Us
- - Chuncheon Law Office | The Client's Story
- - Chuncheon Law Office | Issues in the Case
- 2. Chuncheon Law Office | Laws Relevant to the Case
- 3. Chuncheon Law Office | Assistance Provided
- - The Chuncheon Law Office's Argument 1 | Sincere Remorse
- - The Chuncheon Law Office's Argument 2 | Statement of No Desire for Punishment
- - The Chuncheon Law Office's Argument 3 | Completion of a Program
- 4. Chuncheon Law Office | Suspension of Indictment
1. Chuncheon Law Office | How the Client Came to Us
The client had become the subject of a complaint while serving in the military, and requested the Chuncheon attorney's assistance through a telephone consultation.
Chuncheon Law Office | The Client's Story
The client who consulted with the Chuncheon attorney is an army soldier serving in the Chuncheon area.
The client secretly filmed a scene of having sexual intercourse with his girlfriend using his mobile phone.
He then also filmed scenes showing parts of his girlfriend's body and saved them on his computer.
However, the girlfriend discovered the recordings on the client's computer and filed a complaint based on them.
Considering that the handling of the case could be complicated because the client was a service member, he requested the Chuncheon attorney's help.
Chuncheon Law Office | Issues in the Case
The Chuncheon attorney identified the main issues in the case through a consultation with the client.
The client, who committed an unlawful act while serving as an active-duty enlisted soldier, was at risk of punishment under the Military Criminal Act.
Because of this, there was a possibility of disciplinary action such as demotion or suspension, so the Chuncheon attorney prepared sentencing materials and worked to resolve the case so that the client could receive a suspension of indictment.
2. Chuncheon Law Office | Laws Relevant to the Case
Illegal filming is a serious crime that not only inflicts irreparable harm on the victim's dignity through the offense itself, but also subjects the victim to continuous psychological suffering because of the possibility that the recordings may be distributed.
In addition, even if the images are deleted, the filmed images can be recovered through digital forensic investigation techniques, so it is difficult to put the matter to rest by deletion alone.
A person who, using a camera or other device with a similar function, films another person's body that may arouse sexual desire or humiliation, against the will of the person filmed, shall be punished by imprisonment for not more than seven years or a fine of not more than 50 million won.
If the offense is committed habitually, the sentence may be increased by up to one half.
3. Chuncheon Law Office | Assistance Provided
The Chuncheon attorney examined the circumstances of the case in detail through a legal consultation with the client.
The attorney then gathered the sentencing factors that could work in the client's favor and made the following arguments.
The Chuncheon Law Office's Argument 1 | Sincere Remorse
The client admitted all of the facts of the offense in this case and showed deep remorse, sincerely repenting.
The attorney emphasized that the client thereafter submitted the mobile phone used in this case to the investigative authorities and cooperated actively with the investigation, including by confessing to all of the offenses.
The Chuncheon Law Office's Argument 2 | Statement of No Desire for Punishment
The Chuncheon attorney coordinated the settlement amount with the other party's counsel so that the client could reach an amicable settlement with his girlfriend.
The client then sincerely apologized to his girlfriend and sought her forgiveness, making efforts to compensate for the harm, at least monetarily.
The attorney emphasized that the girlfriend forgave the client, reached an amicable settlement, and prepared a statement of no desire for punishment indicating that she did not want him to be punished.
The Chuncheon Law Office's Argument 3 | Completion of a Program
Through an educational program, the client received education on the prevention of sexual offenses and the prevention of reoffending, and reflected deeply once again on his mistaken views about sex.
The attorney emphasized that the client firmly resolved never to commit the same wrong again.
4. Chuncheon Law Office | Suspension of Indictment
In this case, the client was reported after secretly filming parts of a victim's body without the victim's consent, and the client requested assistance from a Chuncheon attorney.
With the prompt assistance of the Chuncheon attorney, the client was able to receive a decision of suspension of indictment in this case.
Need Help From a Law Office?
Daeryun Law Firm also provides consultations on weekends for service members who cannot come to Chuncheon on weekdays due to restricted-area duties.
In addition, even under the limited circumstances of military service, the firm promptly takes urgent legal measures and actively supports the preparation of sentencing materials.
If you need help with a case like the one above, please feel free to request legal consultation from a 🔗Chuncheon 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.
