Suspended Indictment for First-Time Voyeurism ("Molka") Offenders: How to Improve Your Chances!

If you are reading this article, you are likely someone who was booked after being caught secretly filming in a public restroom or other public place.

Let me get straight to the point!

This type of case can result in punishment under multiple charges, including not only the sex offense of unlawful filming using a camera, but also the offense of entering a public place for sexual purposes.

Therefore, you must not take this lightly, and you should find a way to prepare your position before the police investigation to prevent a sex offense record.

With that in mind, today we would like to share effective measures based on LAWFIRM LEAP's expertise and track record of favorable outcomes for those facing punishment in connection with this type of case.

In particular, we will explain the standards for legal liability, the applicable penalties, and how to reduce the sentence and obtain a suspended indictment to avoid a criminal record, so we recommend that you focus on this article for just three minutes.

01Why should first-time "molka" offenders seek a suspended indictment?

If you were caught on the spot filming secretly in a public restroom or women's restroom, as mentioned above, you are likely to be charged with both unlawful filming using a camera and entering a multi-use facility for sexual purposes, which significantly raises the applicable sentencing standard.

If the unlawful filming charge is established, the offender may generally face imprisonment of up to 7 years or a fine of up to KRW 50 million, and if the offense of entering a multi-use facility for sexual purposes is established, imprisonment of up to 1 year or a fine of up to KRW 10 million may be imposed.

Unlawful filming using a camera — A person who films, using a camera or other device with a similar function, the body of another person in a manner that may cause sexual desire or shame, against that person's will, shall be punished by imprisonment for not more than 7 years or a fine not exceeding KRW 50 million. Entering a multi-use facility for sexual purposes — A person who, for the purpose of satisfying his or her sexual desire, enters a multi-use facility such as a restroom, bathhouse, or changing room used by an unspecified number of people shall be punished by imprisonment for not more than 1 year or a fine not exceeding KRW 10 million.

In particular, if you find yourself in this situation, you may also be required to comply with protective measures imposed when a sex offense disposition is issued.

This is not a matter that can be simply resolved with a fine; if multiple offenses are concurrently charged, the sentence may be aggravated by up to one-half of the maximum term, so you must quickly seek ways to defend against the sentence and carry out an appropriate initial strategy.

To do so, you need the assistance of an expert who has a deep understanding of the investigation process and a strong track record of favorable outcomes specifically in unlawful filming cases among sex offenses.

02Suspended Indictment for First-Time Unlawful Filming Offenders: Why the Initial Police Investigation Strategy Matters

If you were caught committing this offense, direct evidence such as photographs likely remains, so you should review with an expert, based on the applicable legal requirements, whether the photographs you took or your conduct actually constitutes a crime.

In most cases, the offender is arrested at the scene, and since evidence already exists on a phone, camera, or similar device in many cases where guilt is established, it is risky to deny the charges outright.

Denying the charge when guilt is clearly established cannot be seen as an expression of remorse and may only make the offense appear more serious.

Therefore, in this type of case, it is advisable to acknowledge the charge and show a remorseful attitude during the police investigation, and you should focus on analyzing sentencing factors while actively cooperating with the investigation.

If you were caught as a first-time offender, you should emphasize that the act was an impulsive act out of curiosity, and if there is a victim, you should reach a prompt settlement to obtain leniency.

In this process as well, hastily deleting photographs or retracting your statement can make it difficult to obtain leniency, so you should proceed carefully in the investigation, following the detailed advice of your legal counsel.

Please keep in mind that retracting a statement even once can undermine the credibility of your entire statement and may even add a charge of evidence destruction; when undergoing the investigation, you should actively express your determination not to repeat mistakes while appealing for the maximum possible leniency.

03Unlawful Filming and Sex Offenses: Why You Must Reach a Settlement with the Help of an Expert

In this type of sex offense case, the most favorable sentencing factor is a "settlement with the victim."

Without a settlement, it is nearly impossible to obtain a suspended indictment and avoid a criminal record at the investigation stage.

Reaching a settlement does not guarantee that punishment will be avoided entirely, but since the severity of punishment can vary greatly depending on whether a settlement is reached, you should prepare, with the assistance of legal counsel, to reach a settlement smoothly by presenting objective evidence and a sincere apology.

However, directly approaching or attempting to contact the victim without the assistance of legal counsel may be regarded as secondary harm and carries the risk of aggravated punishment, so it is wise to resolve the situation through the mediation of legal counsel rather than acting on your own.

In criminal cases, even for the same case, the outcome can vary significantly depending on how the initial response is handled and how the position is stated.

Therefore, the assistance of an expert who can carefully examine even the detailed issues specific to your situation and find a solution is essential.

Our attorneys at LAWFIRM LEAP can provide a comprehensive response to civil and criminal disputes, drawing on experience handling a wide range of legal disputes at Korea's largest law firms, Kim & Chang and Bae, Kim & Lee.

In particular, we have know-how in establishing initial strategies for sex offense cases, allowing us to find the best approach tailored to each individual client's situation.

Having handled countless cases and met countless clients along the way, we at LAWFIRM LEAP fully understand how desperate you, as the reader of this article, must be feeling.

For that reason, our criminal law experts with backgrounds at major law firms and the police personally handle every necessary step, from one-on-one consultations to trial defense, working tirelessly to find ways to minimize our clients' legal liability.

If you have not found a solution through the information introduced today, please feel free to contact LAWFIRM LEAP at any time. We will help you find the optimal solution tailored to your situation.

Thank you for reading this long article today. This has been LAWFIRM LEAP.