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Illegal filming using a camera, etc.
Illegal filming using a camera, etc.Suspended sentence

Illegal Filming Using a Camera Defense Case | Client Accused of Illegal Filming Using a Camera Defended Against an Actual Sentence With a Suspended Sentence

The client, who faced the risk of an actual custodial sentence for the offense of illegal filming using a camera, concluded the case with a suspended sentence for illegal filming using a camera thanks to Daeryun's assistance.

1. The Client Who Visited Daeryun Over a Charge of Illegal Filming Using a Camera

The client, who had been brought to criminal trial on charges of illegal filming using a camera, urgently sought out Daeryun's Sex Crime Response Group. The charges the client faced involved aspects that were somewhat unjust. He asked, by emphasizing this, that he at least be spared an actual custodial sentence.

The Detailed Circumstances of the Charge of Illegal Filming Using a Camera

illegal filming using a camera-suspended sentence
Clicking the image above will allow you to view the content regarding illegal filming using a camera.

The client began dating the victim and they shared each other's mobile phone passwords.

At that time, on the victim's mobile phone, he discovered a video taken with her former boyfriend, and this led to an argument between the two.

The victim repeatedly apologized to him, but he asked, “If you are innocent, may I take a nude photograph,” and the victim, saying that he could take it if doing so would ease his feelings, allowed him to take a nude photograph.

After this incident, the client, who was angry that the victim frequently drank and enjoyed entertainment with her university peers, made a threat to the victim that he would distribute the nude photograph.

However, contrary to the content of the threat, he reportedly never distributed the victim's photographs or videos to any third party.

Afterward the two continued their relationship, but after a considerable period had passed, the victim notified the client of a breakup and filed a criminal complaint against him on charges of illegal filming using a camera and threat using filmed material.

Statutes Related to Illegal Filming Using a Camera

🔗Illegal filming using a camera is a crime that is established by filming a person illegally against the will of the person filmed.

We will explain the punishment that may be imposed when this crime is applied.

■ Regarding filming, distribution, possession, and viewing

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 the body of another person that may cause sexual desire or shame, against the will of the person filmed, shall be punished by imprisonment for not more than 7 years or a fine not exceeding 50 million won.

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

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

■ Regarding intimidation and coercion

Act on Special Cases concerning the Punishment of Sexual Crimes, Article 14-3 (Intimidation and Coercion Using Filmed Material)

① A person who intimidates another person by using filmed material or its reproduction that may cause sexual desire or shame shall be punished by imprisonment for a definite term of not less than 1 year.

② A person who, through the intimidation under paragraph (1), obstructs another person's exercise of a right or compels another person to do an act that is not obligatory shall be punished by imprisonment for a definite term of not less than 3 years.

2. Daeryun's Strategy to Respond to the Charge of Illegal Filming Using a Camera

The client, who was charged with illegal filming using a camera, was also charged with threat using filmed material and faced the risk of an actual custodial sentence. In order to defend against the sentence as far as possible, Daeryun provided assistance as follows.

The Client Is Sincerely Remorseful for the Wrongdoing

From the time of the police investigation, the client immediately confessed and actively cooperated with the investigation procedure.

In addition, he resolved that, taking this case as an opportunity, he would commit no offense whatsoever and live diligently.

It was emphasized that the client, after truly feeling the weight of his responsibility, continuously wrote letters of reflection containing his sincere feelings.

There Is No Concern of Reoffending by the Client

As the matter occurred during the period in which the client was in a relationship with the victim, and it was not a crime targeting unspecified members of the general public, there is no risk of reoffending.

In addition, it was emphasized that, in order not to commit the same wrongdoing again, the client had completed sex crime prevention education online.

Family Members Earnestly Pleading for Leniency

The client's parents came to feel great disappointment and guilt that the child on whom they greatly relied had become involved in such an offense.

Taking their earnest and heartfelt feelings into account, leniency was requested.

3. Accused of Illegal Filming Using a Camera but Successfully Defended With a Suspended Sentence

The client who was suspected of illegal filming using a camera, with Daeryun's active assistance, received a ‘suspended sentence’ and was able to avoid an actual custodial sentence.

Because Illegal Filming Using a Camera Carries Severe Punishment

In the case of illegal filming using a camera, there is a precedent in which a person was punished even though, after filming a body part with a camera, the person ended the recording without pressing the save button, because the offense had reached completion.

In addition, when one is suspected of this offense, deleting the recorded material may result in being suspected of destruction of evidence as well.

As such, the scope of recognition for illegal filming using a camera is broad, and the resulting punishment is also considerable, so it is important to respond at an early stage together with an attorney experienced in this area.

At Daeryun LLC, 🔗attorneys specializing in sexual offenses, who hold extensive resolved cases relating to illegal filming using a camera, handle clients' cases in a systematic manner.

If you are facing difficulties because of related charges, please request a consultation with Daeryun LLC.

카메라촬영죄 방어 사례 | 카메라촬영죄 혐의 의뢰인, 집행유예로 실형 방어

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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