Deals & Cases

Illegal Filming Using a Camera and Distribution, etc.
Illegal Filming Using a Camera and Distribution, etc.Suspended Sentence

Incheon Law Firm Assistance | Reduction to a Suspended Sentence for Illegal Filming Using a Camera Through an Appeal

The client was involved in a sex crime case and was sentenced to imprisonment at the first instance. He then requested the help of the Incheon attorney in order to obtain a reduced sentence through an appeal.

1. How the Client Came to the Incheon Law Firm

The client, having been sentenced to imprisonment at the first instance on charges of secretly filming a scene of having sexual intercourse with his girlfriend, urgently came to the Incheon law firm and entrusted his appeal.

The Client's Situation

The client's account, as related during the consultation at the Incheon law firm, is as follows.

While having sexual intercourse with his girlfriend, the client secretly filmed the scene using a laptop equipped with a camera function that he had set up in advance.

He then used a mobile phone camera function to film scenes of having sexual intercourse with the victim several times.

His girlfriend, who became aware of this, reported the client to the police, and he was sentenced to imprisonment at the first instance.

However, the client came to the Incheon attorney and requested help in order to obtain a reduction to a suspended sentence through an appeal.

The Law Relating to the Case, Explained by the Incheon Law Firm

Illegal filming using a camera and distribution is the act of filming another person's body or distributing photographs without authorization.

Because this offense can damage the rights and reputation of the victim, a person may be subject to severe punishment.

In addition, even if the footage is deleted, the filmed footage can be recovered through digital forensic investigation techniques, so deletion alone cannot make the case go away.

In a situation like this, it is very important to consult with an attorney immediately after the incident, accurately ascertain the facts, and prepare an appropriate legal response.

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

A person who films the body of another person, which may cause sexual desire or humiliation, against the will of the person filmed, using a camera or other mechanical device with a similar function, is punished by imprisonment for not more than seven years or a fine not exceeding 50 million won.
If a person habitually commits the offenses under paragraphs (1) through (3), the penalty prescribed for the relevant offense is aggravated by up to one half.

2. Details of the Incheon Law Firm's Assistance

The Incheon attorney analyzed the client's first-instance judgment and formulated a strategy to obtain a reduced sentence on appeal.

The attorney then argued as follows so that the client could receive a suspended sentence.

Incheon Law Firm Argument 1 | Active Cooperation

The client conveyed a sincere apology to the victim from before the investigation stage.

The attorney emphasized that the client thereafter cooperated actively with the investigation, including by handing over all of his electronic devices and storage media to the victim so that they could be submitted to the investigative authorities.

Incheon Law Firm Argument 2 | Deep Remorse

After this case occurred, the client realized that a sex crime can occur contrary to his own awareness or intention, and he deeply showed remorse for his complacent conduct.

The attorney emphasized that the client is resolved never to repeat the same conduct and is steeling his will to live anew.

Incheon Law Firm Argument 3 | Settlement With the Victim

The client once again begged for forgiveness for not having sufficiently apologized to the victim at the first instance, and he reached an amicable settlement with the victim.

The attorney emphasized that the victim expressed an intention not to seek punishment and does not wish for the client to be punished.

3. Result of the Incheon Law Firm's Assistance: a “Suspended Sentence”

The court, accepting the Incheon law firm's argument, issued the following judgment: “The first-instance judgment is reversed. The defendant is sentenced to six months of imprisonment. Provided, that the execution of the above sentence is suspended for one year from the date this judgment becomes final.”

Do You Need the Help of the Incheon Law Firm?

The client was sentenced to an actual prison term at the first instance for offenses including illegal filming using a camera, but with the assistance of the Incheon attorney he was able to obtain a reduction to a suspended sentence on appeal.

As shown here, in the case of 🔗illegal filming using a camera, even a first-time offender is likely to be sentenced to an actual prison term, so consulting an attorney can be helpful.

Daeryun Law Firm provides strategies to protect clients' rights and minimize disadvantages, based on a deep understanding of the case and extensive experience.

If you wish to reduce the punishment in a situation like the above, please feel free at any time to come to the 🔗Incheon Attorney and entrust your case.

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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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