First Offense Sentencing for Illegal Filming, If You Need a Cleared of Suspicion Ruling <Must Read>

If you are reading this article, you may be someone who has been caught filming another person's body without their consent and is now facing a Police Investigation.

In such cases, depending on the legal requirements, the matter is treated as a violation of the crime of filming using a camera or similar device. As this is a sex offense that carries a sentence ranging from imprisonment of up to 7 years to various sex offender protective measures, you must quickly grasp the case and find a way to be cleared of the charge.

In particular, you must properly explain your position from the early investigation stage, including the Police Investigation, and secure a Suspended Indictment decision, since this is the only way to defend against sentencing and avoid a criminal record. Therefore, you must systematically prepare and respond with your initial statements and so on.

At LAWFIRM LEAP, cases are handled by specialized attorneys with experience at major law firms and in the police, so we understand the police's perspective better than anyone and can present the best way to explain the charge favorably at the investigation stage.

With that in mind, today we would like to offer practical advice to those facing the risk of punishment for being involved in this matter. We will explain what the typical sentence for a first-time offender of illegal filming is and how to minimize legal punishment, so we recommend you take just 3 minutes to focus on the content below.

If your Police Investigation is imminent, please feel free to contact us immediately. We will act quickly so as not to miss the golden hour, establish an initial investigation strategy, accompany you to the interview, and help ensure the investigation proceeds smoothly.

01What is the typical sentence for a first-time illegal filming offense?

This matter constitutes a violation of the Act on Special Cases Concerning the Punishment of Sexual Crimes, and if found guilty, it carries a sentence of imprisonment for up to 7 years or a fine of up to 50 million won.

Article 14 (Filming Using a Camera, etc.) of the Act on Special Cases Concerning the Punishment of Sexual Crimes A person who films another person's body, which may cause sexual desire or shame, using a camera or other device with similar functions, against the will of the person being filmed, shall be punished by imprisonment for not more than 7 years or a fine not exceeding 50 million won.

For the crime of filming using a camera to be established, the following elements must be met: use of a camera or a device with similar functions, acting against the will of the other person, and filming a specific part of the body that could induce sexual desire or shame.

Therefore, if you are suspected of illegal filming, you should first undergo a legal review to determine whether your conduct meets these requirements for the offense. Then, based on the professional attorney's assessment, you should decide on the direction of your argument before proceeding with the investigation.

Only then can you give a statement in a favorable position consistent with the evidence and circumstances of the case, thereby gaining credibility through consistent statements and increasing the chance of a favorable disposition.

02To reduce the sentence for a first-time offense of illegal filming, the elements of the offense must be analyzed

For the offense of illegal filming, even a first-time offender may be punished depending on the victim's circumstances or sentencing factors. Therefore, it is important to analyze the requirements for the offense to be established. This must be accurately assessed and addressed with the assistance of an attorney specializing in sex crimes.

First, for this offense to be established, the filmed body part must be a specific area that could cause sexual shame. Even if illegal filming did occur, if the area is not one that would cause the other person sexual shame —for example, the shoulder or hand —the offense is unlikely to be established. Alternatively, if the photo is too blurred to determine exactly which part was filmed, the offense is not established.

In addition, it must be established that the other party's consent was not obtained at the time of filming. However, there must be concrete evidence to prove this. If the parties agreed to take photos together, evidence such as consensual nude photos taken amicably on the same day or KakaoTalk messages exchanged between the parties can be used to prove that the photos were not taken coercively or without the other person's knowledge.

03If you wish to argue for a finding of Cleared of Suspicion regarding the sentence for a first-time offense of illegal filming

There are many cases in which people are unfairly accused given the circumstances. In such cases, if you wish to argue that you should be Cleared of Suspicion, you should obtain the assistance of a specialized defense attorney before the investigation to closely examine the situation and reach the conclusion that the aforementioned requirements for the offense are not satisfied.

Afterward, in your statement during the investigation, you must also clarify the reasons for arguing that you should be Cleared of Suspicion while asserting your innocence. In the investigation, only by stating your position consistently and specifically will your statement be deemed credible, increasing the likelihood that your argument will be accepted.

In addition, you must secure evidence together with a specialized attorney. If there is no relevant evidence due to the case being old, you can request digital forensic investigation to recover conversation messages, etc. Therefore, please hold an in-depth consultation with a specialized defense attorney to determine what favorable evidence can be presented and prepare supporting materials.

An attorney who has handled numerous sex crime cases can devise a swift solution based on evidence-gathering expertise, so it is advisable to obtain legal assistance quickly. Rather than deleting evidence, you should analyze the evidence together with an expert to identify unfair aspects—that is, contradictions or false statements in the victim's claims—and devise an effective solution.

Furthermore, you should not hastily reach a settlement with the victim before finding solid evidence to prove your innocence. Some people, upon receiving a settlement proposal from the victim, assume the matter is resolved and proceed to fulfill the settlement.

Reaching a settlement amounts to admitting the allegations, so acting hastily may make it practically impossible to obtain a finding of Cleared of Suspicion. Therefore, we strongly advise that any communication or settlement with the victim be carried out only after consulting an expert.

The attorneys at LAWFIRM LEAP have handled a wide range of sex crime cases while working at Korea's largest law firms, Kim & Chang and Bae, Kim & Lee, and as former police officers, have conducted numerous initial investigations, which are critical in sex crime cases, giving them in-depth expertise necessary for responding to early-stage investigations.

Therefore, if you work with LAWFIRM LEAP, an attorney with experience at a major law firm and as a police officer will personally support you from the beginning to the end of the case, actively proving the client's position, and we will take full responsibility for helping you achieve a favorable outcome such as Cleared of Suspicion or Suspended Indictment in a first-time illegal filming case.

We at LEAP understand better than anyone the situation you are in and the urgency you feel, and we will mobilize all our knowledge and expertise to help achieve the best possible outcome.

If you have not found a solution through the information provided today, please feel free to contact us at LEAP at any time. We will thoroughly prepare a customized strategy tailored to your situation, starting with your response to the investigative agency's inquiry.

Thank you for reading this long article.