Defense Against Illegal Filming Using a Camera | Fine for the Client Charged With Illegal Filming Using a Camera

Over a period of about six months, the client used the client's own mobile phone to film parts of a woman's body.

The conduct was later detected by the police following a report, and the client was facing a police investigation.

However, because the client did not know who the victim was, the client was unable to attempt a settlement, and, concerned about a heavy sentence, the client requested an attorney's assistance to resolve the case.

The punishment standards for illegal filming using a camera are as follows.

The principal issue in this case is whether the client's filming constitutes a crime under the law.

The key question is whether a crime is established merely because another person's body was filmed against that person's will, or whether some of the footage corresponds to a "part ordinarily exposed to view" or an "image close to the whole body," such that the establishment of a crime may be difficult.

Finally, a central consideration in the case is the extent to which it may be taken into account in sentencing that the client is a first-time offender, has faithfully completed recidivism-prevention education, and is deeply remorseful.

According to a precedent of the Gwangju High Court, it has been held that the mere fact that a person's body was filmed against that person's will does not, in itself, constitute a crime. (Gwangju High Court, December 7, 2017, Judgment 2017No309)

Accordingly, the attorney actively argued that, in the client's case as well, some of the photographs taken corresponded under the law to a "part ordinarily exposed to view or an image close to the whole body," and that it was therefore difficult to recognize the establishment of a crime.

The client deeply regretted the conduct and was sincerely committed to not repeating the same mistake.

To demonstrate the client's sincerity, the attorney arranged for the client to complete a recidivism-prevention education program, and the certificate of completion was submitted as evidence.

The attorney also emphasized that this was the client's first offense and actively assisted so that lenient treatment could be considered.

In illegal filming using a camera cases, it is important to clarify the facts and to maintain consistent statements.

In addition, factors such as recidivism-prevention efforts and whether a settlement with the victim has been reached can significantly affect the level of the disposition.

Daeryun Law Firm closely reviews the records of sexual offense cases and develops a response strategy so that the client's remorse and efforts to prevent recurrence can be sufficiently reflected.

If you have become involved in an illegal filming using a camera case in a situation such as the above, please promptly request assistance through a 🔗Legal Consultation Reservation.