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Illegal Filming Using a Camera, Threat Using Filmed Material (Sextortion)
Illegal Filming Using a Camera, Threat Using Filmed Material (Sextortion)Suspended Sentence

Pohang Sex Crime Attorney | Client Charged With Threats Using Filmed Material Keeps Suspended Sentence Despite Prosecution's Appeal

The Pohang sex crime attorney defended a client who had been charged with threats using filmed material. The Pohang sex crime attorney defended against the prosecution's appeal and obtained the maintenance of the suspended sentence.

1. The Client's Situation

This is the account of a client who sought assistance from the attorney.

The client had a girlfriend with whom he had been in a relationship for two years. Like any couple, they would meet about once a week to have a meal, go on dates, and have sexual intercourse.

On the day of the incident, after spending the night together and waking up first, the client looked at his girlfriend and, finding her so beautiful, suddenly felt the urge to take a photograph of her.

Thinking he could obtain her consent afterward, he took the photograph. Later, when his girlfriend woke up and they began talking, he forgot the fact that he needed to obtain her consent.

A few months passed, and during an argument over a difference in personalities, his girlfriend stated that she would block his number.

Angered at the thought of being blocked without a proper conversation, the client, in the heat of the moment, recalled the photograph he had taken at that time and sent it, saying that he would distribute the photograph.

In reality, however, his girlfriend had not blocked the client, and she saw that message.

As a result, his girlfriend reported the client for threats using filmed material and illegal filming using a camera under the Act on Special Cases concerning the Punishment of Sexual Crimes, which led to this case.

2. The Client's Charges

Pohang Sex Crime Attorney

The client was reported by his girlfriend for threats using filmed material under the Act on Special Cases concerning the Punishment of Sexual Crimes and for 🔗illegal filming using a camera.

Threats using filmed material refers to a sex crime committed when a person threatens another using filmed material that may cause sexual desire or shame.

Illegal filming using a camera refers to an offense committed when a person uses a camera or similar device to film the body of another that may cause sexual desire or shame, without the consent of the person filmed or against that person's will.

The Level of Punishment Facing the Client

Depending on the charges, the client faced the risk of the following level of sex crime punishment.

▲Act on Special Cases concerning the Punishment of Sexual Crimes

Article 14 (Filming Using a Camera, etc.) (1) A person who uses a camera or any other device with a similar function to film the body of another that may cause sexual desire or shame against that person's will may be punished by imprisonment with labor for not more than 7 years or by a fine not exceeding 50 million won.

Article 14-3 (Threats and Coercion Using Filmed Material, Edited Material, etc.) (1) A person who threatens another using filmed material or a reproduction thereof (including a reproduction of a reproduction) that may cause sexual desire or shame, or edited material, etc. or a reproduction thereof (including a reproduction of a reproduction) under Article 14-2 (2) may be punished by imprisonment with labor for a definite term of not less than 1 year.

3. The Defense Mounted for the Client

The Pohang sex crime attorney mounted a defense for the client, emphasizing the following points.

▲Regardless of the reason, the client showed remorse for having committed the offense.

▲The client was making his best efforts to reach a settlement.

▲The client had never once distributed the filmed material in this case.

▲The client had no prior record and had confessed to the facts of the offense, so there was no likelihood of reoffending.

4. The Judgment Obtained by the Pohang Sex Crime Attorney

The court, having reviewed the submissions of the Pohang sex crime attorney, sentenced the client to a suspended sentence. The prosecution appealed, claiming that the sentence was unjustly lenient.

However, after the Pohang sex crime attorney once again mounted a defense for the client, the result was a judgment that dismissed the prosecution's appeal and maintained the judgment of the first instance.

The client in this case faced the risk of imprisonment with labor for a definite term of not less than 1 year, with no upper limit on the sentence, but thanks to having promptly sought the assistance of the Pohang sex crime attorney, he was able to escape that risk.

If you are in a situation where you face the risk of punishment on charges similar to those of the client in this case, please obtain a 🔗referral to an attorney for a sex crime case and request a consultation.

포항성범죄전문변호사 | 촬영물등이용협박 혐의 의뢰인, 검사 항소에도 집행유예 유지

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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Attorney ChanWoo JEONG

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Experience as Chief Prosecutor of Seoul Central District Prosecutors’ Office and Chief Prosecutor of Daejeon Hongseong Branch

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