Subway Illegal Filming Charges: Suspended Indictment vs. Non-Indictment Strategy?

This is LAWFIRM LEAP, where a team of three attorneys with backgrounds at major law firms and the police handles each case.

Some of you reading this article may be facing potential punishment on charges such as illegal filming on public transportation such as the subway.

In public places like public transportation, where many people gather, surveillance against unlawful conduct is strictly enforced. Accordingly, many preventive measures such as CCTV monitoring are being expanded.

Nevertheless, because electronic devices can be used to invade another person's privacy and cause serious distress, the severity of punishment is also increasing.

Therefore, if you are under investigation for this matter, you should obtain legal assistance from the earliest stage of the investigation to promptly assess your situation, and find a way to defend against punishment through a suspended indictment or non-indictment based on being cleared of suspicion.

With that in mind, today we will explain strategies for defending against punishment for illegal filming on the subway.

Our firm, LAWFIRM LEAP, can provide the assistance of legal representatives with experience at major law firms and the police, and because we understand the investigator's perspective better than anyone, we can offer a solid initial-response strategy.

Therefore, if you are at risk of being investigated for this matter, please read this article, or request substantive assistance from us even before that.

We will carefully analyze your case to provide assistance.

01Subway Illegal Filming: Need to Assess Guilt Based on Evidence and Circumstances

If you are caught illegally filming on the subway, you may be subject to imprisonment for up to 7 years or a fine of up to KRW 50 million under the Act on Special Cases Concerning the Punishment of Sexual Crimes.

This offense arises where a person films another person's body in a way that may cause sexual desire or shame, against the other person's will, using a camera or similar device, and such conduct is subject to punishment.

In particular, if such filming occurs in a multi-use facility such as a subway and targets a body part that may cause sexual shame, even an impulsive act driven by curiosity is recognized as a crime.

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

In such cases, since evidence already exists on the camera or mobile phone, it is difficult to simply deny the allegation outright.

Therefore, you should promptly obtain the assistance of an experienced attorney to determine whether the actual facts meet the criteria for punishment, and decide your position before responding to the investigation.

Where the allegation is clearly established, denying the charge and exercising the right to remain silent is not a good strategy!

Therefore, it is important to establish a case response strategy with the assistance of an experienced attorney and give an initial statement tailored to the circumstances.

If a photograph was taken, you should first check whether the body part shown is one that may cause sexual shame, and whether it is clearly visible in the photo.

Only then can you find the best approach suited to your situation, whether that is acquittal or suspended indictment.

In particular, if guilt is established in this matter, even if a fine is imposed instead of detention, protective measures may follow, including registration and disclosure of personal information as a sex offender, an electronic monitoring device, and restrictions on employment.

For this reason, it is important to develop a solid initial strategy and prepare countermeasures.

02Subway Illegal Filming: Suspended Indictment vs. Non-Indictment Strategy?

1) Strategy for Obtaining a Suspended Indictment Where the Allegation Is Established

If you were caught in the act on the subway or other public transportation, and the guilt is clear from the evidence, it is advisable to acknowledge the allegation during the police investigation, explain that the act was impulsive, and appeal for leniency.

You should show genuine remorse, make clear that there was no further wrongdoing such as distributing the photo, and it is also important to reach a prompt settlement with the victim.

In sex offense cases, obtaining the victim's expressed intent not to seek punishment after reaching a settlement is far more advantageous in securing leniency. Therefore, you should obtain the assistance of legal counsel to complete the settlement process before the investigation concludes.

In addition, a legal review of the victim's harm is necessary.

If there are similar precedents, it is important to respond based on experience with how much settlement money was paid in such cases.

Reaching a settlement promptly at the investigation stage increases the likelihood of receiving a suspended indictment, which avoids a criminal record and sex offender protective measures. Therefore, you should prepare together with legal counsel to ensure your initial statement proceeds favorably.

2) How to Obtain a Non-Indictment Disposition by Arguing You Are Cleared of Suspicion

There are also cases where a person is reported despite not having filmed anything.

If you were reported due to a misunderstanding about filming someone else, or because you did not actually film a body, you must use evidence to demonstrate, on legal grounds, that you are not guilty.

Even if a photograph exists, you can sufficiently demonstrate through the photograph itself that the body part shown is not one that causes sexual shame, or that you were mistakenly caught in the frame while filming someone else.

Furthermore, by actively emphasizing the serious harm that would result from being punished for a sex offense under this disposition, and by actively cooperating with the investigation, you can be fully cleared of suspicion and resolve the matter through a non-indictment disposition.

However, even if you believe you are innocent, since legal disputes ultimately come down to evidence, we strongly recommend obtaining the assistance of an experienced attorney who can present a logical defense backed by solid evidence.

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

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

Therefore, if you work with LAWFIRM LEAP, our experts with backgrounds at major law firms and the police will develop a tailored strategy suited to your situation and help you respond effectively to investigative authorities to secure a suspended indictment or non-indictment disposition.

If you are looking for legal representation to actually carry out the legal procedures described above, please feel free to contact LEAP at any time.

An experienced attorney who truly understands investigations will find the best solution for your situation.

Thank you for reading this long article.