To Prevent Sentencing for Illegal Filming and Distribution Charges, Do 'This' First.

Among those reading this article, some may have been reported for filming with a camera or similar device and are now undergoing Police Investigation.

This offense is a sex crime that applies when a person films part of another person's body without consent, causing sexual shame.

As this is a sex crime, punishment can apply even if the act was done out of curiosity, or even if the filming attempt failed and remained an attempt, and distributing the footage results in a heavier sentence. Furthermore, if a sentence of a fine or heavier is imposed, a security disposition for sex offenders may also be imposed.

Therefore, you must quickly understand the case and actively explain your position at the Police Investigation stage to obtain a Suspended Indictment, which can help you avoid both a criminal record and a security disposition.

At LAWFIRM LEAP, our attorneys with experience at major law firms and as former police officers handle these cases, so we understand the police's perspective better than most, and we help you take the necessary steps at the initial response stage to explain your case favorably.

With that in mind, today we will explain the sentencing for illegal filming and distribution offenses and how to minimize legal punishment, so please focus for just 3 minutes and read through the following.

01What Is the Sentencing for Illegal Filming and Distribution Offenses?

Filming using a camera or similar device is a crime defined under the Act on Special Cases Concerning the Punishment of Sexual Crimes. Not only filming against the other person's will, but also illegally distributing such footage, can result in imprisonment of up to 7 years or a fine of up to KRW 50 million.

02Act on Special Cases Concerning the Punishment of Sexual Crimes

(2) A person who distributes, sells, leases, provides, or publicly displays or screens (hereinafter "distribution, etc.") the recording under paragraph (1) or a copy thereof (including a copy of a copy; the same shall apply hereinafter in this Article), or a person who, even where the filming under paragraph (1) was not against the will of the person filmed at the time of filming (including cases where a person films their own body), subsequently distributes, etc. the recording or a 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 KRW 50 million.

Furthermore, if the footage was distributed for profit on an illegal obscene site or similar platform, a sentence of imprisonment for at least 3 years, with no option of a fine, may be imposed, and even without actual distribution, threatening the other party with distribution can result in imprisonment for at least 1 year.

Act on Special Cases Concerning the Punishment of Sexual Crimes, Article 14-3 (Threats or Coercion Using Recordings, etc.) (1) A person who threatens another person using a recording or copy thereof (including a copy of a copy) that may arouse sexual desire or shame shall be punished by imprisonment with labor for not less than 1 year. (2) A person who, through the threat under paragraph (1), obstructs another person's exercise of rights or causes another person to perform an act without obligation to do so shall be punished by imprisonment with labor for not less than 3 years. (3) Where the offenses under paragraphs (1) and (2) are committed habitually, the punishment prescribed for the offense may be aggravated by up to one-half.

As such, this offense carries various punishment provisions, and if a person commits an act illegally without regard to, or against, the other party's will, and then distributes the footage or uses it for threats, a heavy prison sentence may be imposed.

Since there are cases with no option of a fine and actual imprisonment is common for this offense, if you find yourself facing such a case, you must quickly seek legal assistance to find ways to reduce the severity of the charge.

Only then can you avoid detention at trial, having your personal information registered and disclosed as a sex offender, and other unfavorable restrictions such as employment limitations or wearing an electronic monitoring device.

03Sentencing for Illegal Filming and Distribution Offenses: How to Obtain a Suspended Indictment

In many such cases, reports are filed with clear evidence in the form of the recording itself. If the footage has already been distributed, the liability for the resulting harm is severe, making it genuinely difficult to expect a reduced sentence.

Therefore, if evidence remains showing that a person secretly filmed sexual intercourse with a third party or a romantic partner, and then impulsively posted it on a website or sent it via social media to threaten the other party, the charge cannot be avoided, making the initial response critical.

If, in the judgment of an experienced attorney, the legal elements of the offense are found to be established, you should acknowledge your wrongdoing and show a sincere attitude of reflection and remorse, explaining that the act arose from a momentary impulse of anger.

You must also apologize to the other party, express a genuine willingness to provide compensation, and take action to prevent reoffending.

This offense is a sex crime not subject to the rule requiring the victim's complaint for prosecution, so punishment may still be imposed even if a settlement is reached. However, only by reaching a settlement with the victim can you defend against a heavy sentence and hope for leniency in the form of a Suspended Indictment.

As this is such an important step, if you are involved in such a case, you should promptly seek ways to reach a settlement. However, because the other party's negative feelings toward you could complicate matters, you should proceed systematically and strategically with the assistance of legal counsel.

Since there is no legal standard for the settlement amount to compensate for the harm, the amount varies depending on how the negotiation is conducted. Accordingly, you should work to reach a settlement at an appropriate amount with the assistance of an experienced attorney.

To succeed in negotiating a settlement amount based on the legal requirements with the other party, you need the assistance of a professional who has frequently handled settlements in sex crime cases.

In addition, presenting sentencing factors such as being a first-time sex offender, having consistently maintained a diligent social life, and facing serious consequences to one's job or livelihood if punished, can help secure leniency from the investigative authorities at the investigation stage.

To this end, you should work with a professional with a strong track record of success who thoroughly understands the procedures of the investigation stage, including Police Investigation, and in establishing initial strategies for sex crime cases.

Sincere care for the client, viewing the case from the police's perspective

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

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 your case.

We will actively substantiate the client's position and take responsibility for helping secure a favorable outcome, such as Cleared of Suspicion or Suspended Indictment, in illegal filming and distribution cases.

At LEAP, we understand your situation and urgency better than anyone, and we will mobilize all our knowledge and experience to fight actively for the best possible outcome.

If a police investigation is imminent, please contact us at LEAP as soon as possible.

We will help you establish an initial strategy and accompany you during questioning so that the investigation proceeds smoothly, without missing this critical window of opportunity.

Thank you for reading this long article.