How to Prevent Even the Protective Measures for Sex Offenses in Illegal Filming Cases

We are 'LAWFIRM LEAP,' where three attorneys with experience at major law firms and the police work together as a team on each case.

Among those reading this article, some may be facing the risk of punishment for illegal filming using a camera or similar device.

As summer vacation season kicks into full swing, complaints for illegal filming offenses often arise in crowded places such as water parks.

Even if this happened on an impulsive whim out of curiosity, if clear photographic evidence remains, punishment is likely, so you must quickly find a strategic approach.

In particular, even if you receive leniency such as a fine, a criminal record remains, and your personal information may be registered and disclosed, employment may be restricted, and you may have to comply with protective measures such as wearing an electronic ankle monitor.

Therefore, you must build a proper initial response strategy at the investigation stage and secure a suspended indictment, so you must find a way to protect your criminal record through a suspended indictment or non-indictment based on being cleared of suspicion.

Since LAWFIRM LEAP has attorneys specializing in sex offenses with experience at major law firms and the police, we understand the police's perspective better than anyone and can respond favorably at the investigation stage and prepare initial-response know-how for you.

With that in mind, today we will explain the sentencing range for illegal filming offenses and how to defend against sentencing so that a sex offender record does not remain.

We will share this based on LAWFIRM LEAP's know-how, so please take just 5 minutes to focus and read through!

01What is the sentencing range for illegal filming offenses?

If someone filmed a part of another person's body that could cause sexual desire or shame, against the other person's will, using a camera or similar device, they will be subject to imprisonment for up to 7 years or a fine of up to 50,000,000 won under the Act on Special Cases Concerning the Punishment of Sexual Crimes.

Article 14 (Filming Using a Camera, etc.) of the Act on Special Cases Concerning the Punishment of Sexual Crimes (1) A person who films another person's body, which may cause sexual desire or shame, against the will of the person being filmed, by using a camera or other device with similar functions, shall be punished by imprisonment for not more than 7 years or by a fine not exceeding 50 million won.

Since the regulations are strict and the fines are severe, in these cases you must analyze the evidence before undergoing questioning and confirm whether the case is one for which legal sanctions are possible.

If photographs from the filming actually exist, the evidence is clear, and it is difficult to avoid the charge.

However, even if filming did occur, if the photos are blurred so that the body part is not clearly visible, or if the part shown is not one that would cause sexual shame, you should work with legal counsel to respond to the case and demonstrate that the legal elements of the offense are not satisfied.

In that case, regardless of the sentencing range, you can obtain a finding of being cleared of suspicion.

However, if it is confirmed that the body part shown in the photo is in fact one that could cause sexual shame, and the photo clearly shows that part, the charge cannot be avoided.

In that case, you must establish an initial-response strategy to defend against sentencing and find mitigating factors that could be considered, so you should respond to the case together with defense counsel.

02For illegal filming offenses, a suspended indictment is the best outcome

If you are caught filming a hidden camera video at a water park or vacation spot, you must analyze the evidence to determine whether it constitutes a crime.

And if it does constitute a crime, you must work with a specialized attorney to find a way to obtain a suspended indictment before proceeding with the investigation.

In this type of case, you should acknowledge the allegations during the investigation, but clarify that the act was not intentional or premeditated, and appeal for leniency.

You must also respond with specific and consistent statements. In practice, you should gather as much mitigating material as possible during the investigation stage.

Among the sentencing factors, reaching a settlement with the victim is important.

However, criminal settlement matters can be difficult to handle smoothly, from negotiating the settlement amount to obtaining a statement of non-punishment, so you should carry out the settlement process through a legal professional.

Since the victim's statement and settlement are important factors for leniency in sex offense cases, you should prepare to succeed in reaching a settlement with the assistance of a specialized attorney rather than acting hastily on your own.

However, if you complete the settlement process during the investigation stage and emphasize that this is a first offense and that you did not commit any additional crimes such as distributing the images after filming, the mitigating circumstances are likely to be recognized, leading to a suspended indictment.

Furthermore, if you emphasize that receiving a sex offense disposition could cause you to lose your job and put your livelihood at risk, you may be able to overcome the crisis.

Therefore, you should seek help from an experienced legal professional to respond to the case during the investigation process.

Because we have investigation experience, we can respond effectively to investigations.

The attorneys at LAWFIRM LEAP have handled a wide variety of sex offense cases while working at Korea's largest law firms, Kim & Chang and Bae, Kim & Lee, and, as former police officers, have conducted numerous critical initial investigations in sex offense cases, giving them in-depth know-how needed to respond to police investigations.

In particular, specialized attorneys with experience at major law firms and the police will personally handle the case from start to finish, actively proving the client's position, so we will help you develop a customized strategy to thoroughly respond to the investigative agency's inquiry.

If you need advice from a professional who can actually carry out the legal procedures beyond what has been explained today, please feel free to contact us at LEAP at any time.

An expert who truly understands investigations will find the customized solution you need.

Thank you for reading this long article.