CONTENTS
- 1. Jeonju Attorney | Background of the Case
- 2. Jeonju Attorney | Review of the Case
- 3. Jeonju Attorney | Defense Strategy
- 4. The Case Concluded With a Disposition of Entrustment to a Guardian's Custody With the Jeonju Attorney's Assistance
1. Jeonju Attorney | Background of the Case
The background of the client's case is as follows.
The Client Who Secretly Photographed a Classmate and a Teacher
The client faced an allegation of using a smartphone to secretly photograph specific body parts of a female classmate and the homeroom teacher, and consulted an attorney.
The conduct stemmed from curiosity, but the client was in a situation where the filming and possession of illegally filmed images carried a high likelihood of criminal punishment.
The Report by a Classmate
A classmate of the client was working on an assignment using the client's laptop and happened to discover that there were obscene images in the photo album.
The images were photographs of specific body parts of female classmates and a teacher at the school.
The classmate, who learned of the filming by chance, informed a parent, and after discussions with the school, the matter was reported to the police.
As a result, the client became subject to a school violence committee review and a police investigation, and there was a strong likelihood that the matter would proceed as a juvenile protection case.
The Client Caught Up in Civil and Criminal Proceedings
Because of the client's conduct, the affected student and teacher expressed strong displeasure and signaled that they would pursue legal action.
On the criminal side, the client faced the possibility of punishment on a charge of illegal filming, and on the civil side, a lawsuit seeking consolation money had been filed by the victim, so the situation was serious.
The client explained that the images had only been kept and not distributed, and requested assistance in avoiding an actual custodial sentence as far as possible.
2. Jeonju Attorney | Review of the Case
The attorney reviewed the client's case to identify the issues at stake and provide assistance.
The Issues in the Case
Counsel, what specifically were the client's allegations in this case?
Attorney: Yes, in this case the client was facing allegations of filming and possessing illegally filmed images. The client had used a smartphone to secretly photograph specific body parts of a female classmate and the homeroom teacher, then stored the images on a laptop, and these photographs were discovered by chance by a classmate and reported. The client stated that the images had not been distributed, but the possession of illegally filmed images alone could result in criminal punishment.
Counsel, then what were the issues in the case?
Attorney: Yes, the main issue in this case was that the client had not distributed the illegally filmed images that had been taken. If the images were not distributed, the severity of criminal punishment may be relatively lower, but because illegal filming itself is regarded as conduct that causes sexual humiliation, the possibility of criminal liability still existed. As the client was a minor and there was a strong likelihood that the matter would be handled under the Juvenile Act, efforts to prevent reoffending and the possibility of a protective disposition were also key issues.
What a Juvenile Protection Case Is
A juvenile protection case is a procedure in which, where a juvenile under the age of 19 has committed an offense or there is a likelihood of committing one, the court decides on a protective disposition for the rehabilitation of the juvenile and the prevention of reoffending.
Unlike an ordinary criminal trial, the purpose of such a case is to impose corrective and preventive dispositions, taking into account the juvenile's age and environment.
Analysis of the Relevant Law
Article 14 of the Act on Special Cases concerning the Punishment of Sexual Crimes
This statute provides for strict punishment of illegal filming and distribution.
Article 14(1) provides that a person who photographs the body of another in a manner that may cause sexual desire against the will of the person filmed may be punished by imprisonment for up to 7 years or a fine of up to 50 million won.
Paragraph 2 of the same Article provides for the same punishment for the distribution of filmed material, and paragraph 3 of the same Article provides that a person who distributes illegally filmed material through an information and communications network for profit is subject to imprisonment for a definite term of at least 3 years.
The client could face criminal liability based solely on the fact of possessing the filmed material without distributing it, and could be punished by imprisonment for up to 3 years or a fine of up to 30 million won.
In particular, 🔗illegal filming using a camera is also punishable as an attempt, so care must be taken.
Article 32 of the Juvenile Act
Article 32 of the Juvenile Act provides the legal basis for deciding on a protective disposition in a juvenile protection case. The court may decide on a protective disposition such as entrustment to the custody of a guardian, a community service order, or probation, taking into account the juvenile's age, character, and the degree of the offense.
As a minor, the client was likely to receive a protective disposition under the Juvenile Act, and a protective disposition could be decided for the prevention of reoffending and rehabilitation.
In short, the client could face legal liability based solely on the fact of possessing the illegally filmed material without distributing it, but as a minor was likely to receive a corrective disposition through a protective disposition.
3. Jeonju Attorney | Defense Strategy
The attorney conducted a thorough defense based on the factors favorable to the client.
By emphasizing that the client had only kept the images and had not distributed them, the attorney made clear that no harm had occurred, which helped minimize the criminal punishment.
In addition, the homeroom teacher, who was the victim, submitted a statement of no desire for punishment, which suggested that the client had deeply expressed remorse for the matter and helped to mitigate the criminal punishment.
The client maintained that the conduct was a mistaken act stemming from curiosity, and emphasizing that the likelihood of reoffending was low, the attorney conducted the defense with a focus on rehabilitation and the prevention of reoffending.
4. The Case Concluded With a Disposition of Entrustment to a Guardian's Custody With the Jeonju Attorney's Assistance
With the attorney's assistance, the client received a disposition of entrustment to a guardian's custody as a protective disposition under the Juvenile Act.
The disposition of entrustment to custody allows the client to live at home with a guardian and obtain an opportunity for rehabilitation, and as a result, the matter was concluded without criminal punishment.
If you are a minor involved in an allegation of a sex offense in a case like this one, consult Daeryun Law Firm's 🔗Jeonju Attorney to resolve the criminal matter.
You may also review the 🔗sex offense case studies of Daeryun's criminal attorneys and submit a 🔗legal consultation request.
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