[Assistance of a Changwon Criminal Case Attorney] Suspended Sentence for Illegal Filming Using a Camera With the Assistance of a Changwon Criminal Case Attorney

The client in this case asked the victim, who was working as a daily babysitter, to take a shower in the bathroom of the client's residence before looking after his daughter, on the ground that his daughter had a skin condition.

The client committed the offense of secretly filming the victim while she was showering, using a small camera placed inside a body lotion bottle in which a hole had been bored.

Because of the premeditated nature of the offense, the conduct was regarded as serious, and the client, who was facing the risk of an actual custodial sentence, came to a specialized attorney to request assistance, and accordingly came to the Changwon criminal case attorney.

■ Punishment for Illegal Filming Using a Camera (Filming, Distribution, Possession, and 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 person that may cause sexual desire or shame, against the will of the person filmed, shall be punished by imprisonment for not more than 7 years or a fine not exceeding 50 million won.

(2) A person who distributes, sells, leases, provides, or publicly exhibits or screens a film or copy thereof under paragraph (1), or who, even where the filming under paragraph (1) was not against the will of the person filmed at the time of filming, subsequently distributes or otherwise handles the film or copy thereof against the will of the person filmed, shall be punished by imprisonment for not more than 7 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 through 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 at least 3 years.

(4) A person who possesses, purchases, stores, or views a film or copy thereof under paragraph (1) or (2) shall be punished by imprisonment for not more than 3 years or a fine not exceeding 30 million won.

(5) Where a person habitually commits any of the offenses under paragraphs (1) through (3), the punishment prescribed for that offense shall be aggravated by up to one-half.

■ The Changwon criminal case attorney emphasized that, although the client had made false claims early in the investigation out of fear and confusion, he soon admitted all of the charges against him and cooperated with the investigation as much as possible, including by voluntarily submitting his desktop computer.

■ The Changwon criminal case attorney emphasized that the client had resolved to live more carefully so as never to commit any further unlawful act for the rest of his life, and that the client himself was showing a firm intention to prevent reoffending.

■ The Changwon criminal case attorney emphasized that the client was waiting and earnestly trying to apologize to the victim and seek her forgiveness by any means.

The court accepted the submissions of the Changwon criminal case attorney and ruled, “The defendant is sentenced to one year of imprisonment. However, the execution of the above sentence is suspended for two years from the date this judgment becomes final.”

With the help of the Changwon criminal case attorney, the client was able to avoid an actual custodial sentence and obtain a suspended sentence.

If you are involved in illegal filming using a camera as in the case above and need the help of a specialized attorney, you may entrust your case to the Changwon criminal case attorney.

Drawing on extensive case experience and know-how, we will actively assist with your case.