Busan Criminal Attorney Assistance | Defending a Client Charged With Quasi-Indecent Act by Compulsion and Illegal Filming Using a Camera, Securing a Fine

The client who sought a Busan criminal attorney had committed an indecent act against a victim who was sleeping while heavily intoxicated and had even filmed the victim illegally.

Because the nature of the offense was serious and he faced the risk of an actual custodial sentence, the client requested assistance from a Busan criminal attorney.

[ Indecent Act by Compulsion, Quasi-Indecent Act by Compulsion ]

Criminal Act Article 298 (Indecent Act by Compulsion)

A person who commits an indecent act on another through violence or intimidation is punished by imprisonment for not more than 10 years or by a fine not exceeding 15 million won.

Criminal Act Article 299 (Quasi-Indecent Act by Compulsion)

A person who commits an indecent act by taking advantage of another's condition of unconsciousness or inability to resist is punished by imprisonment for not more than 10 years or by a fine not exceeding 15 million won.

[ Illegal Filming Using a Camera ]

Act on Special Cases concerning the Punishment of Sexual Crimes Article 14 (Filming Using a Camera and Similar Devices)

(1) A person who, using a camera or other device with a similar function, films another person's body that may cause sexual desire or shame, against the will of the person filmed, is punished by imprisonment for not more than 7 years or by a fine not exceeding 50 million won.

(2) A person who distributes, sells, leases, provides, or publicly displays or screens a filmed image or its copy under paragraph (1), or who, even where the filming under paragraph (1) did not go against the will of the person filmed at the time, subsequently distributes such image or copy against the will of the person filmed, is punished by imprisonment for not more than 7 years or by a fine not exceeding 50 million won.

(3) A person who, for the purpose of profit, commits the offense under paragraph (2) against the will of the person filmed by using an information and communications network under Article 2 (1) 1 of the 「Act on Promotion of Information and Communications Network Utilization and Information Protection」 is punished by imprisonment for a definite term of not less than 3 years.

(4) A person who possesses, purchases, stores, or views a filmed image or its copy under paragraph (1) or (2) is punished by imprisonment for not more than 3 years or by a fine not exceeding 30 million won.

(5) If the offenses under paragraphs (1) through (3) are committed habitually, the penalty prescribed for the offense is increased by up to one half.

Click ▶ The Difference Between Indecent Act by Compulsion and Quasi-Indecent Act by Compulsion

The Busan criminal attorney analyzed the case, focusing on the favorable and unfavorable circumstances for the client.

On this basis, the attorney devised a systematic strategy and assisted the client.

The court accepted the Busan criminal attorney's arguments and imposed a relatively light 'fine'.