Deals & Cases
Punishment for Illegal Filming | Criminal Defense Attorney Secures Non-Prosecution for High School Student Who Filmed Repeatedly
The client, who inquired about the possibility of defending against punishment for illegal filming, was a high school student who had become involved in a case of illegal filming using a camera. In order to avoid punishment, the client came to a criminal defense attorney together with his parents.
1. The Client Who Requested a Defense Against Punishment for Illegal Filming
The client, who requested a defense against punishment for illegal filming, was in a situation where disadvantages such as an actual custodial sentence could have followed, but with the assistance of a criminal defense attorney, the client received a non-prosecution disposition and was able to bring the case to an amicable conclusion.
Circumstances of the Illegal Filming Using a Camera Case

The client, a high school student, filmed a female classmate with his mobile phone on approximately five occasions.
The female student had noticed the client's filming on several previous occasions and had cautioned him, but the client repeated the conduct.
Eventually, the female student's side reported the matter to the school, and the case was referred to the School Violence Committee while a report was also filed with the police.
The client then came to a criminal defense attorney with his parents and, in tears, pleaded “Attorney, please help me just this once so that I am not punished,” requesting assistance in defending against punishment for illegal filming.
2. Strategy for Defending Against Punishment for Illegal Filming

In order to defend against punishment for illegal filming, the criminal defense attorney formulated the following strategy and assisted the client.
Whether the Offense Was Established
In this illegal filming case, the criminal defense attorney determined that, as a matter of law, the establishment of the offense was difficult.
The offense of illegal filming using a camera prescribes, as an element of the crime, that the filming must capture “the body of a person that may cause sexual desire or shame.”
Elements of the Offense of Illegal Filming Using a Camera
② the body of a person that may cause sexual desire or shame
③ is filmed against the will of the person being filmed
However, in this illegal filming case, the attorney emphasized that, because what had been filmed were full-body photographs of the female student, it was difficult for the offense of illegal filming using a camera to be established.
Analysis of Precedents Related to Punishment for Illegal Filming
As a result of analyzing the relevant precedents, the criminal defense attorney found that the precedents make their determinations on the premise that the offense is established only where ‘the body of a person that may cause sexual desire or shame’ has been filmed.
Accordingly, in this case as well, the attorney emphasized that it was difficult for the offense of illegal filming using a camera to be established and established the client's defense strategy on that basis.
Gwangju High Court, December 7, 2017, Judgment No. 2017No309, Offense Not Established
- The full body or nearly the full body was filmed
- The images were filmed from the side or behind, just as a person would ordinarily appear within view
Gathering of Sentencing Materials
The criminal defense attorney systematically gathered materials that could be referred to for sentencing in connection with the client's case.
The attorney then submitted to the investigative authorities a written opinion containing the following points, appealing for leniency toward the client.
· As a high school student and a first-time offender, the client had lived diligently in compliance with the social and legal order
· The client's family earnestly pleaded for leniency
3. Result of the Illegal Filming Case, ‘Non-Prosecution’

In the illegal filming case, as a result of preparing a defense strategy through the criminal defense attorney's systematic review of the legal principles, analysis of precedents, and gathering of sentencing materials, the client was ultimately able to receive a ‘non-prosecution’ disposition.
The client's parents then expressed their gratitude, saying, “Thanks to you, Attorney, the case was resolved well.”
4. Level of Punishment for Illegal Filming
Punishment for illegal filming is established as the offense of illegal filming using a camera under the Act on Special Cases concerning the Punishment of Sexual Crimes.
Supreme Court, March 25, 2021, Judgment No. 2021Do749
Where the offense of illegal filming using a camera is established, the following punishment may be imposed.
Level of Punishment
| Article 14 of the Act on Special Cases concerning the Punishment of Sexual Crimes (illegal filming using a camera) | Imprisonment for not more than 7 years or a fine of not more than 50 million won |
When the Offender Is a Juvenile
The reason the client above could be subject to criminal punishment despite being a minor is that, when a juvenile offender commits a crime, criminal responsibility is recognized.
A juvenile offender refers to a juvenile aged 14 or older and under 19 who has committed a crime.
A juvenile offender has criminal responsibility and may be subject to criminal punishment, but depending on the gravity of the offense and the need for protection, the offender may instead receive a protective disposition.
Therefore, it is very important to respond promptly from the earliest stage of the case in order to protect the client's rights and prepare a defense strategy.
If You Need the Assistance of a Professional
When a high school student becomes involved in a sexual offense case, the student may face not only criminal punishment but also disadvantages in future matters such as university admission.
Daeryun Law Firm confirms, through consultation with the client, the circumstances in which the case arose, the filming situation, the intent, and other relevant details in detail.
The firm then analyzes the relevant precedents and legal principles, and systematically gathers sentencing materials such as whether the client has completed education on the prevention of sexual offenses, whether the client is a first-time offender, and a family petition, reflecting them in the written opinion.
If you are facing punishment for illegal filming in a situation such as the one above, please request assistance promptly through a 🔗legal consultation appointment.
Daeryun provides legal services grounded in trust.
FAQ Related to Illegal Filming Using a Camera
Frequently Asked Question About Punishment for Illegal Filming #1
Q. Between referral to the School Violence Committee and the police investigation, which is handled first?
A. The School Violence Committee is a body that decides on student discipline or measures within the school, while a police investigation is a procedure for determining whether a criminal offense has occurred, so the two proceed independently of each other.
However, the results of the School Violence Committee's investigation or the materials submitted to it may be referred to during the police investigation, and conversely, the progress of the police investigation may also affect the school's determination.
Frequently Asked Question About Punishment for Illegal Filming #2
Q. When undergoing a police investigation for an illegal filming offense, can a parent accompany the person?
A. In the case of a minor, a parent or legal representative may accompany the person during the police investigation.
The purpose of having a parent accompany the person is to protect the client from making unfavorable statements alone and to help the client understand the investigation process.
Therefore, a minor may participate in the investigation together with a parent, and the minor's rights and safety are guaranteed during the investigation process.

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.
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