Deals & Cases
Punishment for Illegal Filming | Case of Assisting a Client Facing Punishment for Illegal Filming and Securing a Suspended Sentence
The client, who was at risk of punishment for illegal filming, had been reported on suspicion of illegal filming and was nearly unable to avoid a heavy punishment, but, with the assistance of a Daeryun attorney, the case was concluded with a suspended sentence.
1. A Client Who Came Facing the Risk of Punishment for Illegal Filming

The case of the client who came to the firm after facing the risk of punishment for illegal filming is as follows.
While on the way home, the client saw the legs of a woman climbing the subway stairs ahead of him and, out of a sexual curiosity that arose unintentionally, quietly opened a camera and attempted to reach a hand under the woman's skirt.
When the female victim loudly confronted him, the startled client was unable to film and immediately apologized.
The client then faced the risk of punishment on suspicion of illegal filming using the offense of illegal filming using a camera, and came to the firm to request a defense against the imposition of an imprisonment sentence.
The Sentence for Illegal Filming
Let us look at the punishment for illegal filming.
The formal name of this offense, commonly called illegal filming, is illegal filming using a camera.
Illegal filming using a camera is an offense that is established where a camera, a mobile phone camera, or the like is used to film a subject against the subject's will.
The offense is also established where such filmed material is distributed, displayed, or screened without authorization, and the levels of punishment for the offense are as follows.
| Paragraph (1) A person who commits illegal filming | Imprisonment with labor for up to 7 years or a fine of up to 50 million won |
| Paragraph (2) A person who distributes, sells, leases, provides, or publicly displays or screens illegally filmed material | Imprisonment with labor for up to 7 years or a fine of up to 50 million won |
| Paragraph (3) A person who, for profit, displays or screens illegally filmed material against the will of the subject | Imprisonment with labor for at least 3 years for a definite term |
| A person who possesses, purchases, stores, or views the above filmed material or a copy of it | Imprisonment with labor for up to 3 years or a fine of up to 30 million won |
| A habitual offender of the offenses in Paragraphs (1) through (3) | Increased by up to one half of the punishment prescribed for the offense |
In addition, illegal filming punishes attempts as well, so the client was in a situation where it was difficult to avoid punishment.
Even if a person engages in the act of filming but fails to press the button so that nothing is saved, and even if the act is discovered by the victim and ends in an attempt, this is regarded under the illegal filming offense as conduct that has already commenced.
To defend the client against punishment, this firm's attorney established an illegal filming punishment defense strategy focusing on the client's acknowledgment of the offense, the client's sincere reflection, and the client's efforts toward the victim's recovery.
2. Assistance Provided to Defend Against Punishment for Illegal Filming
To assist the client who faced the risk of punishment for illegal filming, the following defense strategy was established.
The Client Sincerely Admits All of the Offenses and Is Deeply Remorseful

The attorney argued that the client acknowledges all of the criminal facts in this case, is deeply reflecting, and asserts that he will never commit such a crime again.
The attorney also argued that the client deeply blames himself for having committed the offense.
The attorney assisted the client so that his resolve not to reoffend, along with his remorse, self-reproach, and regretful attitude, were set out in detail, having him submit a letter of apology containing sincere reflection.
Assisting the Client and Reaching a Settlement With the Victim
The attorney helped the client to show a heart of sincere apology and settlement to the victim, and in this process provided assistance so as not to come across as a burden or a threat to the victim.
The victim, who recognized the client's sincere apology and efforts to settle, showed a willingness to forgive and settle with the client, and the attorney obtained the victim's intention to forgive the client and not wish for punishment.
A settlement agreement, a statement of no wish for punishment, and a withdrawal of the criminal complaint, among others, were prepared and submitted.
Argument That the Client's Risk of Reoffending Is Low
The attorney closely examined the client's school records, volunteer activity records, and the like, and argued that the client was by nature diligent and good-natured, having long engaged in volunteer activities, and that this offense was nothing more than a somewhat impulsive act.
It was also requested that the client, on the basis of this incident, submit a certificate of completion showing that he had completed sex crime prevention education and lifelong education in order to correct his distorted views on sexuality, that he sincerely reflects on his conduct and seeks to correct it, and that, taking these points into account, the most lenient disposition possible be granted.
3. A Client Facing Punishment for Illegal Filming Defends With a Suspended Sentence Through the Attorney's Assistance

As a result of assisting the client who faced the risk of punishment for illegal filming, the court handed down a suspended sentence to the client.
Factors such as the client's offense having stopped at an attempt, his showing of serious remorse, and the victim having settled and not wishing for the client's punishment influenced the sentencing.
This firm's criminal law specialist attorneys assist clients based on extensive experience handling sex crime cases.
If, like the client in this case, you wish to defend against sex crime punishment for the 🔗crime of illegal filming using a camera, we recommend that you receive an attorney's assistance from the early stage of the case and establish a defense against punishment for illegal filming.

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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