Assistance by the Criminal Defense Attorney | The Attorney Reverses the First-Instance Judgment on the Illegal Filming Charge and Obtains a Fine

The client became involved in a sex offense case after using a mobile phone in a gym locker room to film part of the body of a woman he did not know.

A suspended sentence was imposed at the trial of first instance, but considering that the filming occurred only once and that a settlement had been reached with the victim, the client wished to file an appeal.

Accordingly, the client came to the criminal defense attorney and requested assistance with preparing the appeal and with overall legal support.

The level of punishment for the crime of illegal filming using a camera is as follows.

The main issue in this case was whether the client's act of using a mobile phone in a gym locker room to film part of a woman's body constituted a crime.

Another key issue was whether the filming was carried out for the purpose of arousing sexual desire or shame.

In addition, considering that a settlement had been reached with the victim and that the client was a first-time offender, whether the sentence imposed by the trial of first instance was excessive was also an important factor in the determination.

The matter for which the client was indicted as charged was by no means a minor one, but considering that a settlement had been reached with the victim and that the client was a first-time offender, there was a possibility that a somewhat heavy sentence would be imposed.

Accordingly, the criminal defense attorney searched for and analyzed numerous precedents in which a fine was imposed even though the number of filming instances and the circumstances were more serious than in this case.

In particular, the attorney extracted precedents involving a high number of filming instances or grave harm, compared and analyzed them against the client's matter, and systematically organized the argument that, from the standpoint of fairness, the first-instance sentence was excessive.

To reinforce the materials to be submitted to the court, the client received in-person counseling at a psychological education center and obtained from the counseling professional a written opinion stating that "no paraphilic symptoms were identified."

The criminal defense attorney organized this as additional sentencing material and submitted it to the court, taking steps to substantiate in concrete terms the client's remorse and intention to prevent reoffending.

During the trial, the criminal defense attorney argued actively, based on the previously obtained precedents and counseling materials, to the effect that the first-instance sentence should be reexamined from the standpoint of fairness.

In particular, the attorney additionally submitted a recently decided case involving approximately 150 instances of filming (a first-time offender, with no settlement), and emphasized that the client's matter involved only a single instance of filming, a first-time offender, and a completed settlement, so that at a minimum the imposition of a fine was appropriate.

As with the client in the case above, if you wish to have your sentence adjusted through an appeal, it is important to develop a systematic response strategy, including reviewing the legal issues, analyzing relevant precedents, securing sentencing materials, and preparing materials that substantiate the prevention of reoffending and remorse.

Daeryun LLC reviews the legal issues and relevant precedents through case analysis and, by securing sentencing materials that can substantiate the client's remorse and intention to prevent reoffending, provides assistance so that the desired result may be sought on appeal.

If you are facing difficulties in a situation such as the above, you are welcome to request assistance at any time through a 🔗consultation appointment.