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Civil / Criminal

Illegal Filming in a Women’s Restroom in Korea: 3-Year Suspended Sentence Client Information

Suspended Sentence

Case Overview

Client Information
Individual / Defendant
 
Case Details

The client was prosecuted after entering a women’s restroom and using a mobile phone camera to secretly film other individuals.

The case involved multiple incidents rather than a single act. As a result, the client faced charges involving both illegal filming using a camera or similar device and entering a public-access facility for a sexual purpose under Korea’s Act on Special Cases Concerning the Punishment of Sexual Crimes.

Because the conduct was repeated, the court could consider the seriousness of the offenses and the need to prevent reoffending as significant aggravating factors.

Facing the possibility of imprisonment and other consequences arising from a sexual offense conviction, the client retained Decent Law Firm to develop a structured sentencing strategy and present mitigating circumstances to the court.

Decent's Strategy

Decent Law Firm took into account that the client had admitted the charges and determined that the appropriate strategy was not to dispute the allegations without sufficient grounds, but to focus on victim recovery, cooperation with the investigation, rehabilitation, and other factors that could be considered at sentencing.

We first assisted with settlement efforts with the victims and obtained statements indicating that certain victims did not wish to pursue further punishment. Where a direct settlement could not be reached, a criminal deposit was made in an effort to provide compensation.

Any additional settlements and deposits completed during the proceedings were then organized and submitted to the court through a supplemental defense counsel’s opinion.

We also addressed the client’s cooperation with the investigation, including the fact that the client admitted the conduct and provided access information for the relevant cloud account so that stored materials could be reviewed by investigators. The case record also did not establish that the recorded materials had been distributed to third parties.

In addition, Decent Law Firm prepared materials demonstrating concrete steps toward rehabilitation and prevention of reoffending, including counseling and treatment plans, participation in prevention programs, and the client’s family support and supervision plan.

Results & Significance

Korean court judgment imposing a one-year prison sentence suspended for three years in an illegal filming case
"Suspended Sentence"

The court sentenced the client to one year of imprisonment, suspended for three years.


1. Settlement Efforts and Criminal Deposit

Decent Law Firm assisted the client in reaching settlements with multiple victims and obtaining statements expressing that they did not wish to seek further punishment.

For a victim with whom a direct settlement could not be completed, the client made a criminal deposit to demonstrate continued efforts toward compensation and victim recovery.

These circumstances were subsequently considered by the court in determining the sentence.


2. Cooperation with the Investigation and No Established Distribution

The client admitted the conduct and cooperated with investigators, including by providing the relevant cloud account credentials so that stored materials could be examined.

The court also considered that there was insufficient evidence showing that the recorded materials had been distributed externally.


3. Concrete Rehabilitation and Reoffending-Prevention Plan

The defense did not rely solely on statements of remorse.

Decent Law Firm organized and submitted specific rehabilitation measures, including professional counseling, treatment, participation in reoffending-prevention programs, and a plan for continued family supervision and support.

These materials were presented to demonstrate that the client had taken concrete steps to reduce the risk of reoffending.


4. Comprehensive Sentencing Advocacy

The court considered both the unfavorable and mitigating circumstances of the case.

While the repeated nature of the conduct weighed against the client, the court also considered the client’s admission and remorse, settlements with victims, criminal deposit, cooperation with the investigation, rehabilitation efforts, family supervision, lack of established external distribution, and absence of prior criminal punishment.

After considering these circumstances as a whole, the court imposed a one-year prison sentence suspended for three years.

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