CONTENTS
- 1. A Client Inquiring About a Settlement in a Sex Offense Case
- - The Client's Situation Involving a Sex Offense
- 2. Relevant Information for a Settlement in a Sex Offense Case
- 3. Assistance Provided, Including the Settlement in the Sex Offense Case
- - Defense in the Sex Offense Case | Settlement With the Victims
- - Defense in the Sex Offense Case | A First-Time Offender
- - Defense in the Sex Offense Case | Prevention of Reoffending
- 4. The Outcome Achieved Through the Settlement and Assistance
- - If You Are Involved in a Sex Offense
1. A Client Inquiring About a Settlement in a Sex Offense Case
The client faced the risk of criminal punishment for committing illegal filming using a camera, and reaching a settlement with the victims was urgently needed.
Unsure of what to do or how to proceed on his own, he sought help from an attorney experienced in settlements and other matters in sex offense cases.
The Client's Situation Involving a Sex Offense
For three years, the client had been secretly filming other people's bodies in public places, an unlawful act.
Recently, he was caught by the police, placed under emergency arrest, and then submitted the phone he had used for filming and underwent investigation.
After the investigation, the case was referred to the prosecution. Realizing his wrongdoing, the client felt a desire to atone to the victims and wished to convey his apology and reach a settlement in the sex offense case.
On his own, however, he felt at a loss as to what to do or how to proceed.
The client therefore sought legal help from an attorney experienced in settlements and related matters in order to avoid excessive punishment and to reach an amicable settlement with the victims.
2. Relevant Information for a Settlement in a Sex Offense Case
If, like the client, a person secretly films another person's body using a phone, camera, or other recording device and causes sexual humiliation, the offense of 🔗illegal filming using a camera is committed.
Commonly referred to as illegal filming, this offense is a type of sex offense punishable under the Act on Special Cases concerning the Punishment of Sexual Crimes.
It is one type of offense that has increased sharply as digital recording media have spread rapidly in recent times.
The requirements for illegal filming using a camera to be committed are as follows.
2. It may arouse sexual humiliation or sexual desire
3. It was filmed using a camera or other recording device
If the charge is established and the person is punished, he may be punished under the Act on Special Cases concerning the Punishment of Sexual Crimes by imprisonment for up to seven years or a fine of up to 50 million won.
In particular, illegal filming using a camera is committed by the act of filming alone, even if the recording was not distributed or provided, so caution is required.
If it is found that the person committed the offense habitually, the sentence may be aggravated by up to one half, and an attempt may also be punished, so care is needed.
Apart from criminal punishment, security measures such as disclosure of personal information, the attachment of an electronic monitoring device, registration of personal information, and employment restrictions at related institutions may be imposed, and civil liability may also arise through a civil lawsuit.
3. Assistance Provided, Including the Settlement in the Sex Offense Case
The client's attorney, who had been asked to assist with the settlement, carefully gathered the circumstances of the case and the relevant evidence and then presented arguments to defend against punishment.
Defense in the Sex Offense Case | Settlement With the Victims
During the police and prosecution investigations, the client came to recognize his wrongdoing deeply and conveyed his apology to the victims he was able to contact.
Through the attorney's mediation, the victims accepted the client's apology and prepared a written statement indicating that they did not wish for him to be punished.
The attorney requested that consideration be given to the fact that the client had reached an amicable settlement in the sex offense case with the victims he was able to reach.
Defense in the Sex Offense Case | A First-Time Offender
Although the client had engaged in this wrongful conduct over a long period, he had no record of any other criminal punishment, and he had been a diligent student who received commendations and scholarships at school.
The attorney requested that the court extend social leniency, taking into account that the client was a young person just starting out in society.
Defense in the Sex Offense Case | Prevention of Reoffending
After the incident, the client made efforts to correct his mistaken attitudes toward sex and to ensure that he would never commit such an offense again, completing education to prevent reoffending in sex offenses and receiving treatment at a hospital.
The attorney argued that the client's efforts to prevent reoffending should be taken into account.
4. The Outcome Achieved Through the Settlement and Assistance
With the attorney's help, including the settlement in the sex offense case, the client was able to receive a non-prosecution decision in the form of a suspension of indictment from the prosecution.
If You Are Involved in a Sex Offense
If, like the client, you are involved in a sex offense such as illegal filming using a camera, rather than simply expressing a sense of grievance and denying the charge, it is very important to understand the circumstances of the case comprehensively and to mount an appropriate legal response.
Daeryun Law Firm draws on extensive experience in sex offense cases to provide strategic solutions tailored to the client's situation.
If you are facing a similar issue, consulting an attorney through a 🔗legal consultation appointment can be helpful.
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.
