[Complete Guide] Sentencing Levels for Distributing KakaoTalk Photos to Strategies for Suspended Indictment

We are LAWFIRM LEAP, where three attorneys with backgrounds at major law firms and the police work as one team to handle cases.

Some of you may currently be under investigation for filming illegal footage and then distributing photos or videos via KakaoTalk or other social media.

Filming another person's body without consent, even out of mere curiosity, is punishable in itself, but if the material is distributed, the harm to the victim increases, which raises the level of punishment.

Since actual imprisonment is likely, there is a high risk of serving time as a sex offender, and even if you successfully defend against detention, you may still be subject to a fine along with sex-offender protective measures.

Therefore, you must quickly identify the facts of the case and prepare a favorable suspect statement at the investigation stage.

The initial interview is an important procedure not only for the victim but also for the suspect, so if you proceed hastily and make an unfavorable statement, it will work against you in obtaining leniency.

Accordingly, it is important to choose legal counsel who can provide proper assistance from the investigation stage onward.

With that in mind, today we will explain sentencing levels and defense strategies for distributing KakaoTalk photos, based on LEAP's successful case results.

Since specialized attorneys with experience at major law firms and the police handle these cases, we understand the police's perspective better than anyone and can help prepare a favorable initial statement for you.

If you need assistance, please contact us promptly at the number below.

01Distributing KakaoTalk Photos May Be Punished by Up to 7 Years' Imprisonment

The crime of filming with a camera or similar device applies when a person films another's body against the other's will, causing sexual shame or humiliation.

In particular, if a person distributes such photos or videos against the other's will after filming them, the punishment can be up to 7 years' imprisonment or a fine of up to KRW 50 million.

Act on Special Cases Concerning the Punishment of Sexual Crimes, Article 14 (Filming Using a Camera, etc.) (2) A person who distributes, sells, leases, provides, or publicly displays or screens (hereinafter referred to as "distribution, etc.") the recorded material or copies thereof under paragraph (1) (including copies of copies; the same shall apply hereinafter in this Article), or who, even where the filming under paragraph (1) was not against the will of the subject at the time of filming (including cases where a person films his or her own body), subsequently distributes, etc., such recorded material or copies thereof against the will of the subject, shall be punished by imprisonment for not more than 7 years or a fine not exceeding KRW 50 million.

Furthermore, if the offender uses the recorded footage to make threats, the offense may carry a minimum sentence of one year's imprisonment.

Since this type of offense is regarded as particularly serious, if you have been reported while evidence exists, you must work with legal counsel to carefully examine the circumstances that led to the case and find ways to explain your position.

Cases related to the Act on Special Cases Concerning the Punishment of Sexual Crimes are likely to result in punishment unless an appropriate initial response strategy is established. For this reason, you should never handle such matters alone.

If you receive legal assistance and it is determined that the offense would likely be recognized, you should quickly analyze the conditions for obtaining leniency and gather evidence accordingly.

If you fail to respond appropriately at the investigation stage and are indicted, the case may proceed through formal trial and result in a criminal record, so you should take prompt initial action to find a resolution at the police and prosecution stages.

02How to Obtain a Suspended Indictment for Distributing KakaoTalk Photos

In many cases, a report or complaint is filed when clear evidence such as photos or videos already exists.

If a threat was made but no actual distribution occurred, leniency may be expected; however, once distribution has occurred, responsibility for the resulting harm increases, making it more difficult to obtain a reduced sentence.

Therefore, if legal counsel determines that the elements of the distribution offense are established, you must identify factors that align with the sentencing guidelines.

At this stage, you should acknowledge the offense, show that it occurred impulsively, express genuine remorse and a clear commitment to preventing recidivism, and demonstrate a sincere willingness to reach a settlement with the other party.

In this type of case in particular, reaching a settlement with the victim is important.

This is because a settlement is necessary to mitigate the sentence and expect leniency in the form of a suspended indictment.

However, if the other party harbors strong negative feelings and insists on strict punishment, or demands excessive monetary compensation, reaching a settlement may be difficult, and obtaining a suspended indictment may ultimately be difficult as well.

In particular, there is no legal standard for settlement amounts in sex-offense cases, so contacting the other party on your own is risky.

A better approach is to respond carefully and systematically from the investigation stage, together with an experienced attorney who has handled many similar cases and can help negotiate the legal aspects.

Fortunately, if a settlement has been reached and there is no prior criminal record for sex offenses, you may be able to appeal for leniency.

Furthermore, by emphasizing that punishment for this offense could result in losing one's job or seriously affecting one's livelihood, and by submitting a letter of reflection or petitions from those around you, you may be able to obtain leniency from the authorities during the investigation stage.

Genuine dedication to the client, combined with viewing the case from the police's perspective

The attorneys at LAWFIRM LEAP have worked at Kim & Chang and Bae, Kim & Lee, two of Korea's largest law firms, and have handled numerous sex-offense cases. As former police officers, we can view the case from the police's perspective and provide efficient assistance during the initial investigation.

If you work with LAWFIRM LEAP, you will benefit from our in-depth expertise in responding to initial investigations, allowing us to find the best approach from start to finish and explain your position as the client.

We at LEAP understand better than anyone the situation you are facing and the urgency of your circumstances, and we will mobilize all of our knowledge and experience to actively defend against sentencing and prevent a criminal record as a sex offender.

If you are facing imminent investigation for this type of case, please contact us at LEAP promptly so as not to miss the critical window of opportunity. We will establish an initial response strategy and accompany you during the investigation to ensure it proceeds smoothly.

Thank you for reading this long article.