[Illegal Filming Using a Camera Suspended Sentence] A Suspended Sentence Through the Assistance of an Attorney Specializing in Illegal Filming Using a Camera

An attorney specializing in illegal filming using a camera conducted the consultation. The content of the consultation was as follows.

The client had at first secretly filmed parts of women’s bodies out of simple curiosity, but the number of instances gradually increased, leading to an offense in which the client filmed the victims’ bodies a total of 45 times.

After receiving contact from the police, the client sought out Daeryun Law Firm in order to obtain the assistance of an attorney.

■ Penalties for Illegal Filming Using a Camera (Filming, Distribution, Possession, Viewing)

■ Act on Special Cases concerning the Punishment of Sexual Crimes Article 14 (Filming Using a Camera, etc.)

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

(2) A person who distributes, sells, leases, provides, or publicly displays or screens a filmed image or copy thereof under paragraph (1), or a person 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 image or copy thereof against the will of the person filmed, shall be punished by imprisonment for not more than seven years or a fine not exceeding 50 million won.

(3) A person who, for profit, commits the offense under paragraph (2) against the will of the person filmed by using the information and communications network under Article 2 (1) 1 of the 「Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.」 shall be punished by imprisonment for a definite term of three years or more.

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

(5) Where the offenses under paragraphs (1) through (3) are committed habitually, the penalty prescribed for the relevant offense shall be increased by up to one-half.

■ It was emphasized that the client sincerely reflected on the harm caused to the victims by the offense of illegal filming using a camera and, accordingly, submitted letters of reflection on several occasions.

■ It was argued that, apart from the present case of illegal filming using a camera, the client had no other criminal record whatsoever and had lived as an honest and diligent member of society.

■ It was argued that the client’s family and acquaintances were pleading for leniency regarding the client’s illegal filming using a camera.

The court, accepting the position of Daeryun Law Firm, ruled, ‘The defendant is sentenced to eight months of imprisonment. However, the execution of the said sentence is suspended for two years from the date this judgment becomes final.’

Through the professional assistance of Daeryun Law Firm, the client was able to receive a suspended sentence.

If, as in the case above, you have committed illegal filming using a camera and are finding it difficult to find a solution, you may entrust your case to an attorney at Daeryun Law Firm, which holds varied experience in handling illegal filming using a camera cases.