
Legal Q&A
Q
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I have recently come to face a police investigation on a charge related to subway hidden-camera filming. Could you advise me on how I should respond during the investigation process? I am also curious about what the sentence would be and whether I can be released if there is no footage on my phone during the investigation, among other things.
Subway hidden-camera filming
Answer
Published:
Author : ChanWoo JEONG
A subway hidden-camera charge constitutes the offense of illegal filming using a camera under the Act on Special Cases concerning the Punishment of Sexual Crimes, and the criminal punishment is very heavy.
During the investigation, digital forensics can be conducted to secure evidence from mobile phones, tablets, cloud accounts, CCTV, and the like.
At this time, digital forensics includes scientific procedures such as not only stored files but also the recovery of deleted videos and photos, the verification of transmission records, and the analysis of file creation and modification logs, so the absence of footage on the device does not automatically clear the charge.
If your subway hidden-camera charge is recognized, under Article 14 of the Act on Special Cases concerning the Punishment of Sexual Crimes, imprisonment for up to 7 years or a fine of up to 50 million won may be imposed.
In addition, if the criminal facts are recognized, security dispositions, such as an order to complete a sexual violence treatment program and employment restrictions, may also be imposed concurrently.
Therefore, at the investigation stage, you must absolutely never attempt to arbitrarily delete personal devices, manipulate them, or destroy evidence.
Also, please note that actively cooperating from the early stage of the case and showing an attitude of remorse can help reduce the sentence.

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ChanWoo JEONG
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