CONTENTS
- 1. Client Charged with Illegal Filming Using a Camera
- 2. Explanation of the Concept of Illegal Filming Using a Camera
- - Elements of the Offense
- - Penalty Levels
- 3. Sentence Reduction Strategy for Illegal Filming Using a Camera
- - Emphasizing the Best Efforts to Reach a Settlement with the Victims
- - Emphasizing Judgments in Similar Cases and Equity
- - Emphasizing That the Spouse Was Pregnant
- 4. Result of the Illegal Filming Using a Camera Case
1. Client Charged with Illegal Filming Using a Camera
This is the case of a client who had been sentenced to an actual custodial sentence on a charge of illegal filming using a camera.
The client stated that he had been in a romantic relationship with A, the victim in this case.
While dating, they naturally had sexual relations. Wishing to keep a memory with A, the client filmed scenes of their sexual relations using his mobile phone without obtaining her consent.
The client later broke up with A due to differences in personality and went on to meet a new partner, B.
Wishing to keep a memory with B as well, the client filmed scenes of their sexual relations using his mobile phone without obtaining her consent.
The client stated that for several years afterward he had merely kept these videos for personal possession and had never viewed, distributed, or leaked them.
In the meantime, the victims in this case became aware that the client had filmed them illegally and filed a complaint, and the charge of illegal filming using a camera was applied in this case.
The client had been sentenced to 1 year and 6 months of imprisonment for the crime of illegal filming using a camera, and he sought the assistance of our firm's specialist attorney for a reduction of sentence.
2. Explanation of the Concept of Illegal Filming Using a Camera
Illegal filming using a camera refers to the criminal act of filming another person's body using a camera or a mechanical device with a similar function, or distributing, leasing, providing, publicly displaying, screening, possessing, purchasing, or disseminating such filmed material.
This is an act strictly prohibited under Article 14 of the Act on Special Cases concerning the Punishment of Sexual Crimes.
Elements of the Offense
The crime of 🔗illegal filming using a camera is established when the following requirements are met.
① An act of filming using a camera or similar device
Includes all devices capable of capturing and transmitting images, such as smartphones, digital cameras, hidden cameras, CCTV, and webcams
② Filming another person's body
A part of the body recognizable as belonging to a person, such as the face, body, or a body part
Includes not only specific body parts but also cases of filming beneath clothing, or filming a part capable of arousing sexual desire or causing sexual shame
③ Against the other party's will
A case of filming without explicit consent
Even where the filming is done covertly or the other party is unaware at the time of filming, it is deemed to be against that person's will
④ Capable of arousing sexual desire or causing sexual shame
Even if the footage does not show the genitals, underwear, or a nude state, it qualifies if it is footage capable of stimulating sexual desire or causing sexual shame
Penalty Levels
The penalties for illegal filming using a camera are as follows.
Conduct | Penalty |
Filming another person's body in a manner that may cause sexual desire or shame, | Imprisonment for up to 7 years |
Distributing, selling, leasing, providing, publicly displaying, or screening | |
Distributing, selling, leasing, providing, publicly displaying, or screening | Imprisonment for a definite term of at least 3 years |
Possessing, purchasing, storing, or viewing sexual filmed material or a copy thereof | Imprisonment for up to 3 years |
The client had filmed another person's body, against the will of the victim who was the subject of the filming, in a manner that may cause sexual desire or shame using a camera, and so the client was in a situation where a sentence of 1 year and 6 months of imprisonment had been imposed.
3. Sentence Reduction Strategy for Illegal Filming Using a Camera
For the client who had been sentenced to an actual custodial sentence for illegal filming using a camera, the attorney with relevant expertise prepared the following strategy for reducing the sentence.
Emphasizing the Best Efforts to Reach a Settlement with the Victims
The attorney with relevant expertise emphasized that the client had made their best efforts to reach a settlement with the victims.
From the early stage of the investigation, the client sought the victims' forgiveness and made efforts to compensate, at least monetarily, for the victims' emotional suffering.
However, in the end, no settlement was reached, and in a spirit of apology the client deposited an amount of 30 million won with the court.
Emphasizing Judgments in Similar Cases and Equity
The attorney cited precedents from similar cases and emphasized that it was inconsistent with the principle of equity.
▶Seoul Eastern District Court, decided June 16, 2017, 2017 Godan 1062 In a case prosecuted for illegal filming using a camera in which the defendant filmed the nude bodies of two victims on several occasions, a sentence of eight months’ imprisonment suspended for two years was imposed
Citing these precedents, the attorney argued that the original judgment against the client was excessively severe in its sentencing and requested a reduction of sentence.
Emphasizing That the Spouse Was Pregnant
The attorney argued for the need for a reduction of sentence by emphasizing that the client's spouse was pregnant.
The client registered his marriage to his girlfriend during the trial in the court of first instance.
The client's wife is currently pregnant and about to give birth, but due to the client's detention she is experiencing symptoms of premature labor.
The attorney argued that, although the client's wrongdoing is very serious, in light of that wrongdoing it would be too harsh a punishment to prevent him from being at his spouse's side even when she gives birth to their first child.
4. Result of the Illegal Filming Using a Camera Case
As a result of pursuing an appeal against the illegal filming using a camera charge, the court reversed the judgment of the lower court and rendered a judgment reducing the sentence.
The client expressed gratitude, saying that he would be able to return to society sooner than under the lower court's judgment and stay by his spouse's side.
The client in this case was facing a charge of illegal filming using a camera, an offense for which imprisonment of up to 7 years may be imposed, so the early response is very important.
If you are at risk of punishment for illegal filming using a camera, please proceed with a 🔗legal consultation booking right away.
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.
