Assistance From a Seoul Attorney Office | Seoul Attorney Office, Suspended Sentence After Defending a Client Who Illegally Filmed a Relative

The client who visited the Seoul attorney's office had, while his biological daughter was asleep, touched her chest, genitals, and other areas, committing an indecent act by compulsion.

Not stopping there, he installed a camera in the ventilation duct of the home bathroom and secretly filmed his biological daughter showering.

Beyond this, he filmed his biological daughter naked a total of five times.

The client, who was ultimately discovered by the counseling agency his biological daughter attended, requested the assistance of the Seoul attorney's office in order to defend against punishment.

The Seoul attorney at the Seoul attorney's office explained 🔗quasi-indecent act by compulsion by a relative and 🔗illegal filming using a camera.

• Criminal Act, Article 299 (Quasi-Rape, Quasi-Indecent Act by Compulsion)

A person who has sexual intercourse with or commits an indecent act on another by taking advantage of the other's loss of consciousness or inability to resist shall be punished in accordance with Articles 297, 297-2, and 298.

• Act on Special Cases concerning the Punishment of Sexual Crimes, Article 5 (Rape, etc. by a Relative)

(1) Where a relative rapes a person through violence or intimidation, the person shall be punished by imprisonment for a definite term of not less than 7 years.

(2) Where a relative commits an indecent act by compulsion on a person through violence or intimidation, the person shall be punished by imprisonment for a definite term of not less than 5 years.

(3) Where a relative commits against a person an offense under Article 299 (Quasi-Rape, Quasi-Indecent Act by Compulsion) of the 「Criminal Act」, the person shall be punished in accordance with paragraph (1) or (2).

(4) The scope of relatives under paragraphs (1) through (3) shall be blood relatives and relatives by marriage within the fourth degree and relatives living together.

(5) Relatives under paragraphs (1) through (3) shall include relatives by a de facto relationship.

• Act on Special Cases concerning the Punishment of Sexual Crimes, Article 14 (Filming Using a Camera, etc.)
  (1) A person who films, against the will of the person filmed, the body of another that may cause sexual desire or shame, using a camera or other device with a similar function, shall be punished by imprisonment for not more than 7 years or a fine of not more than 50 million won.

The client admitted the criminal facts and apologized to his family.

The Seoul attorney's office argued that the client acknowledged the offense, cooperated actively with the investigation, and showed remorse.

The client is solely responsible for supporting the family's livelihood.

For this reason, the client's family petitioned for leniency for the client.

The Seoul attorney's office argued that if the client were detained, the family's livelihood could collapse.

The client apologized to the victim and to his family and, in order never to repeat the same wrong, resolved to divorce.

The Seoul attorney's office argued that the client was currently in the process of divorce and had agreed to relinquish parental authority, the right of custody, and visitation rights with respect to all of the children, including the victim.

Although the client who visited the Seoul attorney's office had committed a quasi-indecent act by compulsion by a relative and illegal filming, the client was able to avoid an actual custodial sentence and receive a suspended sentence.

Daeryun LLC provides 🔗legal consultation and emergency response for clients 24 hours a day, 365 days a year.

If you have been involved in a case such as the one above, please come to the Daeryun LLC Seoul attorney's office.