Incheon Attorney Consultation | Incheon Attorney Obtains Suspension of Indictment for Illegal Filming

The charge of illegal filming using a camera is an offense that is punished strictly under the 'Act on Special Cases concerning the Punishment of Sexual Crimes.'

In particular, legal liability arises where the victim did not consent to the filming itself, or where the filmed image is kept or distributed for a purpose other than its original one.

🔗illegal filming using a camera, if established, is punishable by imprisonment for not more than seven years or a fine not exceeding fifty million won.

The offense of illegal filming using a camera is committed when several conditions are met.

First, the filming must be done without the victim's consent, and a part of the body that may cause sexual shame must be filmed.

This includes parts of the body covered by clothing.

In addition, punishment is possible even for footage filmed without any specific sexual purpose, and distributing, providing, or selling the filmed material is also punishable.

If you receive a notice to appear for police questioning on a charge of illegal filming using a camera, it is recommended to consult with an attorney in advance before responding to the questioning.

In consultation with an attorney, you should organize precisely what your conduct was, and in this process you should preserve the relevant evidence.

In addition, because an initial statement plays an important role in determining the direction of the case, it is recommended to be accompanied by an attorney so as not to make a disadvantageous statement during police questioning.

Afterward, you should examine, together with an attorney, the grounds for mitigation that can be argued.

After reviewing as a whole such factors as whether the person is a first-time offender, age, and conscientiousness as a member of society, mitigating circumstances should be argued so as to obtain the most lenient disposition possible.

Because the initial response in sex offenses such as illegal filming using a camera has a major effect on the outcome of the case, responding carefully with the help of an attorney experienced in this area can be helpful.

The client acknowledged his wrongdoing and, along with a sincere apology, paid a settlement amount to the victim.

Through this, it was possible to confirm the withdrawal of the complaint and the victim's intention not to seek punishment, and on this basis the Incheon attorney argued that the client should be granted the greatest possible leniency.

The Incheon attorney emphasized that the client was a model student with no past record of delinquency and submitted his school records and other materials as supporting evidence.

In addition, the attorney submitted a letter of appeal from the client's parents and argued that, because they were expressing an active willingness to guide him, the client's likelihood of reoffending was low.

The case above is one in which an 🔗Incheon attorney provided assistance to a high school student client who had been subjected to a criminal complaint for illegal filming using a camera arising during a school violence case.

At Daeryun Law Firm, criminal attorneys registered with the Korean Bar Association do their utmost to protect clients' positions as fully as possible and to bring about favorable results.

If you are in a situation where you have been subjected to a criminal complaint as above, please feel free at any time to entrust your case through a 🔗legal consultation booking.