Deals & Cases
Assistance by the Criminal Defense Attorney | The Attorney Reverses the First-Instance Judgment on the Illegal Filming Charge and Obtains a Fine
The client who came to the criminal defense attorney had received a suspended sentence at the trial of first instance for the crime of illegal filming using a camera, and requested the attorney's assistance in order to file an appeal.
1. The Client Who Came to the Criminal Defense Attorney
The client who came to the criminal defense attorney had received a suspended sentence at the trial of first instance in a sex offense case involving illegal filming, but after pursuing the appeal together with the attorney, the first-instance judgment was reversed and a fine was imposed.
Background of the Case
The client became involved in a sex offense case after using a mobile phone in a gym locker room to film part of the body of a woman he did not know.
A suspended sentence was imposed at the trial of first instance, but considering that the filming occurred only once and that a settlement had been reached with the victim, the client wished to file an appeal.
Accordingly, the client came to the criminal defense attorney and requested assistance with preparing the appeal and with overall legal support.

2. Illegal Filming Using a Camera and Distribution, as Explained by the Criminal Defense Attorney
The Supreme Court has held as follows regarding the crime of illegal filming using a camera.
See Supreme Court Decision 2010Do10677, June 9, 2011
Distribution refers to the act of distributing, selling, leasing, or providing illegally filmed material or its reproductions against the will of the person filmed, or publicly displaying or screening such material.
Level of Punishment
The level of punishment for the crime of illegal filming using a camera is as follows.
| Article 14(1) of the Act on Special Cases concerning the Punishment of Sexual Crimes | Imprisonment for not more than 7 years or a fine not exceeding 50 million won |
Issues in the Case
The main issue in this case was whether the client's act of using a mobile phone in a gym locker room to film part of a woman's body constituted a crime.
Another key issue was whether the filming was carried out for the purpose of arousing sexual desire or shame.
In addition, considering that a settlement had been reached with the victim and that the client was a first-time offender, whether the sentence imposed by the trial of first instance was excessive was also an important factor in the determination.
3. Assistance Provided by the Criminal Defense Attorney

To emphasize that the outcome at the trial of first instance was somewhat heavy, the criminal defense attorney collected relevant precedents and developed a response strategy on that basis.
Review of the Appropriateness of the Sentence and Comparison of Precedents
The matter for which the client was indicted as charged was by no means a minor one, but considering that a settlement had been reached with the victim and that the client was a first-time offender, there was a possibility that a somewhat heavy sentence would be imposed.
Accordingly, the criminal defense attorney searched for and analyzed numerous precedents in which a fine was imposed even though the number of filming instances and the circumstances were more serious than in this case.
In particular, the attorney extracted precedents involving a high number of filming instances or grave harm, compared and analyzed them against the client's matter, and systematically organized the argument that, from the standpoint of fairness, the first-instance sentence was excessive.
Securing Sentencing Materials and Additional Measures
To reinforce the materials to be submitted to the court, the client received in-person counseling at a psychological education center and obtained from the counseling professional a written opinion stating that "no paraphilic symptoms were identified."
The criminal defense attorney organized this as additional sentencing material and submitted it to the court, taking steps to substantiate in concrete terms the client's remorse and intention to prevent reoffending.
Courtroom Argument and Submission of Additional Opinions
During the trial, the criminal defense attorney argued actively, based on the previously obtained precedents and counseling materials, to the effect that the first-instance sentence should be reexamined from the standpoint of fairness.
In particular, the attorney additionally submitted a recently decided case involving approximately 150 instances of filming (a first-time offender, with no settlement), and emphasized that the client's matter involved only a single instance of filming, a first-time offender, and a completed settlement, so that at a minimum the imposition of a fine was appropriate.
4. Result of the Criminal Defense Attorney's Assistance: A Fine

Accepting the criminal defense attorney's argument, the court reversed the first-instance judgment and imposed a light fine.
With the attorney's strategic assistance, the client avoided a punishment carrying a substantial practical burden, such as the suspended sentence imposed at the trial of first instance, and was able to conclude the matter with a light fine.
If You Need a Professional's Assistance
As with the client in the case above, if you wish to have your sentence adjusted through an appeal, it is important to develop a systematic response strategy, including reviewing the legal issues, analyzing relevant precedents, securing sentencing materials, and preparing materials that substantiate the prevention of reoffending and remorse.
Daeryun LLC reviews the legal issues and relevant precedents through case analysis and, by securing sentencing materials that can substantiate the client's remorse and intention to prevent reoffending, provides assistance so that the desired result may be sought on appeal.
If you are facing difficulties in a situation such as the above, you are welcome to request assistance at any time through a 🔗consultation appointment.

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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