CONTENTS
- 1. The Client Who Came to the Sex Crime Law Firm
- - The Client Who Visited the Sex Crime Law Firm
- 2. The Specific Assistance Process of the Sex Crime Law Firm
- - Sex Crime Law Firm Defense Strategy ① | Strict Review of the ‘Legal Elements of the Crime’
- - Sex Crime Law Firm Defense Strategy ② | Presenting a ‘Crime Not Established’ Argument Based on Precedent
- - Sex Crime Law Firm Defense Strategy ③ | Asserting Grounds for Mitigation
- 3. The Result of the Sex Crime Law Firm's Assistance: a Non-Prosecution Disposition
- - Legal Commentary on the Crime of Illegal Filming Using a Camera
- - If You Are Looking for a Sex Crime Law Firm
- - FAQ Concerning the Crime of Illegal Filming Using a Camera
1. The Client Who Came to the Sex Crime Law Firm
The issue in this case handled by the sex crime law firm was ‘whether, although an act of filming did occur, the subject of that filming amounted to a body capable of arousing sexual desire or shame as defined by law.’
The Client Who Visited the Sex Crime Law Firm
The client was a first-year high school student who had, on approximately three or four occasions, filmed a female student in the same class with his mobile phone.
The affected student had on several occasions in the past noticed the client's filming and stopped it, and at the time of the final filming the victim witnessed it firsthand at the scene and immediately stopped it, whereupon the incident came to light.
The school then immediately referred the matter to the School Violence Countermeasures Deliberation Committee, and the victim's side separately filed a report with the police as well.
The investigative agency, taking the view that the client's conduct fell under Article 14 (Illegal Filming Using a Camera) of the 「Act on Special Cases concerning the Punishment of Sexual Crimes,」 commenced an investigation.
Having unexpectedly become subject to police investigation, the client and his family suffered extreme anxiety.
The client, a high school student, and his guardian felt great anxiety at being labeled a sex crime suspect and at the possibility of a criminal record, and so they came to a sex crime law firm for a prompt and accurate response.
2. The Specific Assistance Process of the Sex Crime Law Firm
The attorney at the sex crime law firm regarded the following as the core issue in this case.
Was the suspect's (the client's) filming an act directed at ‘a person's body capable of arousing sexual desire or shame’?
The sex crime specialist attorney established a defense strategy along the following three lines.
Sex Crime Law Firm Defense Strategy ① | Strict Review of the ‘Legal Elements of the Crime’
The sex crime specialist attorney emphasized that merely filming against the victim's will does not immediately constitute a crime, and that the conduct must amount to ‘filming a body capable of arousing sexual desire or shame’ as required by the statute.
Article 14, Paragraph 1 of the Act on Special Cases concerning the Punishment of Sexual Crimes
Accordingly, the sex crime law firm established that the subject the suspect filmed was a full-body image of the victim and was not filmed in a manner that highlighted any specific area or sexually sensitive part of the body.
In addition, because the actual photo files no longer existed due to damage to the mobile phone, the firm actively substantiated that sexual intent had not been proven.
Sex Crime Law Firm Defense Strategy ② | Presenting a ‘Crime Not Established’ Argument Based on Precedent
Relying on the leading precedents concerning the crime of illegal filming using a camera, the sex crime specialist attorney argued that ‘where a person's full body or appearance with an ordinary degree of exposure is filmed on the street or in everyday situations, it is difficult to regard this as arousing sexual shame.’
Summary of the Precedent's Key Points
: filming the full body or parts of the body ordinarily visible in everyday life
- Crime Established
: where a specific part of the body is highlighted or a sexually sensitive area, such as under a skirt, is filmed
Applying this reasoning to the present case, the firm explained that the suspect's conduct was difficult to regard, under prevailing social norms, as ‘filming a body capable of arousing sexual shame’.
Sex Crime Law Firm Defense Strategy ③ | Asserting Grounds for Mitigation
The sex crime specialist attorney first developed ① the legal argument for innocence and non-establishment of the crime and ② the comparative and applied reasoning based on precedent, and then, considering the possibility that the prosecution might reach a different conclusion, systematically prepared grounds for mitigation.
∙ The fact that he is a juvenile high school student and a first-time offender
∙ The fact that his family earnestly pleaded for leniency
∙ The fact that he voluntarily received sex crime prevention education and has not used a mobile phone at all
∙ The fact that the risk of reoffending is extremely low
3. The Result of the Sex Crime Law Firm's Assistance: a Non-Prosecution Disposition
As a result of the assistance from the sex crime law firm, the prosecution reviewed the sex crime specialist attorney's written opinion and acknowledged that the subject the suspect filmed was difficult to regard as a body capable of arousing sexual desire or shame, and that, because the photographs in question did not exist, specific proof was impossible.
Accordingly, the prosecution issued a non-prosecution decision on the client's charge of illegal filming using a camera.
Legal Commentary on the Crime of Illegal Filming Using a Camera
The crime of illegal filming using a camera is established when a person, using a camera or other device with a similar function, films a person's body capable of arousing sexual desire or shame against the will of the person being filmed.
Whether the Crime Is Established According to Precedent
Category | Crime Established | Crime Not Established |
Area Filmed | a sexually sensitive area, such as under a skirt, underwear, or the chest | the full body or appearance in everyday clothing |
Filming Angle | deliberately aimed upward from below, or filmed at close range | filmed from an ordinary line of sight |
Filming Intent | a clear intent, such as sexual desire or curiosity | a non-sexual intent, such as accidental or incidental |
Standard of Judgment | the victim's will + whether sexual shame is aroused under prevailing social norms | an objective, relative judgment is required |
Had the client's charge above been recognized, he could have faced the following punishment. Thanks to the sex crime specialist attorney's defense, however, the client was able to avoid punishment.
Level of Punishment for the Crime of Illegal Filming Using a Camera
Statutory Provision | Level of Punishment |
Article 14, Paragraph 1 of the Act on Special Cases concerning the Punishment of Sexual Crimes | imprisonment for up to 7 years or a fine of up to 50 million won |
If You Are Looking for a Sex Crime Law Firm
At Law Firm Daeryun, there are many attorneys with experience handling a wide range of sex crime cases.
Through a dedicated consultation attorney system, we quickly grasp the issues of a case and the gravity of the matter and assign an attorney dedicated to the case type, providing one-stop legal services from accompaniment at police questioning, to the collection of evidence, to responding at the trial stage.
In particular, where a response before the School Violence Countermeasures Deliberation Committee is also needed at once, as in the case above, we provide multifaceted assistance for the matter through collaboration with a school violence specialist attorney.
If you find yourself in a similar situation, we invite you to entrust your case to us at any time through a 🔗Legal Consultation Appointment.
FAQ Concerning the Crime of Illegal Filming Using a Camera
A. Not every instance of filming against the other person's will constitutes a crime. The law provides for punishment only where ‘a body capable of arousing sexual desire or shame’ is filmed. Accordingly, where a person's everyday attire or full body is filmed, the possibility that the charge will not be established exists, unless a sexual purpose or intent is proven. Q. For the crime of illegal filming using a camera, is a person punished ‘merely for filming’?
A. Where an entire scene is filmed on the street or in an everyday situation without aiming at a specific area, a crime generally is not established. Conversely, if a person, feigning incidence, filmed with a focus on a specific part of the body, intent may be recognized. In other words, the judgment is made by comprehensively considering objective factors such as the composition, angle, focus, and circumstances of the photograph.Q. Can a person be punished for the crime of illegal filming using a camera even with an incidentally captured photo?
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.
