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INSIGHTS

Taking Photos or Videos by Using Cameras and Obscene Acts by Using Means of communication
2021.11.22

Illegal photography refers to the act of possessing, distributing, or selling the photos of a person's body by using equipment such as smart phones, small cameras, and special cameras.

"Illegal filming is subject to stricter penalties.

It would be impossible to get through it alone. It is necessary to deal with it with the assistance of an expert of criminal law."

 

Applicable Law

Act On Special Cases Concerning The Punishment Of Sexual Crimes

Article 14 (Taking Photographs or Videos by Using Cameras)

 

(1)

A person who takes photographs or videos of another person's body, which may cause any sexual stimulus or shame against the will of the person who was shot, by using a camera or other mechanism which has functions similar thereto, shall be punished by imprisonment with labor for not more than seven years or by a fine not exceeding 50 million won.

 

(2)

A person who distributes, sells, leases, provides, or openly exhibits or shows (hereinafter referred to as "distribution, etc.") a photograph taken under paragraph (1) or its duplicate (including a duplicate of its duplicate; hereafter in this paragraph, the same shall apply) or a person who makes the distribution, etc. of a photograph or video taken under paragraph (1) or its duplicate against the will of the person shot after the photograph or video taken under paragraph (1) was not against the will of the person shot (including a person who takes his/her body himself/herself) as at the time such photograph or video was taken, shall be punished by imprisonment with labor for not more than seven years or by a fine not exceeding 50 million won. 

 

(3)

For the purpose of making profits by using an information and communications network (hereinafter referred to as "information and communications network") referred to in Article 2 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, a person who commits a crime under paragraph (2) against the will of a person shot, shall be punished by imprisonment with labor for a limited term of at least three years.

 

Elements of Illegal filming

Acts of filming or distributing, selling, renting, providing, or publicly telegraphing or screening a person's body against the will, and causing sexual, lust, or shame by using a device

 

Punishment on the violation of the Act on the Protection of Children and Youth against Sex Offenses

 

Related Law

Type of Crime

Punishment

 

 

Act on Special Cases Concerning the Punishment of Sexual Crimes

Taking Photographs or Videos by Using Cameras

Imprisonment with labor for not mare than 5 years or fine not exceeding 30 million won.

Obscene Acts by Using Means of Communication

Imprisonment with labor for not mare than 2 years or fine not exceeding 5 million won.

 
 

Law-Win assistance for the defendant

1. Law-Win lawyer can attend the initial interrogation and defend against making unfavorable statements to the client with the coercive attitude of the investigation agencies (Police station/Prosecutors' office). In addition, even if an investigation agencies make an unfavorable statement or provide wrong translation, the lawyer requests a correction.

 

2. Law-Win prevents clients from being arrested and detained. We protect the suspects and the accused from detention by providing all methods of Law-Win. Even if you are arrested, we will help you get released quickly.

 

3. Law-Win helps to ensure the rights of clients by providing as many methods as possible, such as reasonable settlement with victims, collection and review of evidence, and examination of witnesses, in order to lessen the sentence.

 

 

Law-Win assistance for the victim

1. Law-Win researches existing cases so that the investigation can be carried out reasonably by understanding the importance of sexual crime, and prepares complaints that satisfy victims by collecting necessary evidence.

 

2. Law-Win defends injustice on behalf of the victim so that the perpetrator can receive the punishment he/she deserves. We help the victims recover their rights by presenting injustices and evidence when submitting an opinion letter to the court.

 

3. At Law-Win, there are cases where the perpetrator sincerely repents of his/her crimes and offers a settlement during the trial process. The perpetrator will be compensated through settlement money as an indication of the case. We will help you reach a settlement at a reasonable level.