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Q
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I am a university student, and I think someone secretly filmed me during class. If I report a crime of illegal filming, can I secure the other person's mobile phone and find evidence? What should I do if the other person has deleted the footage? Please tell me in detail whether I can report a crime of illegal filming.
crime of illegal filming
Answer
Published:
Author : ChanWoo JEONG
If the other party filmed another person's body without consent, the crime of illegal filming under Article 14 (Filming Using a Camera, and the like) of the Act on Special Cases concerning the Punishment of Sexual Crimes may apply .
Even if you did not directly witness the filming, proof is possible if you secure, through digital forensics, the traces of filming remaining on mobile phones, the cloud, messengers, and the like.
In particular, even if the other party has deleted the footage, a substantial part can be recovered through digital forensics .
Therefore, it is important to report to the police promptly and to cooperate so that a search and seizure warrant for the other party's mobile phone can be requested .
If the other party's charge of the crime of illegal filming is recognized, under the Act on Special Cases concerning the Punishment of Sexual Crimes, imprisonment for not more than 7 years or a fine of not more than 50 million won may be imposed.
In addition, in the case of habitually committing the crime of illegal filming, an aggravated punishment of up to one half of the sentence prescribed for the crime is imposed .
Even if you did not see the filming directly, proof of the crime of illegal filming is possible when deleted files or transmission records are confirmed through digital forensics analysis, so it is important to receive help from the police and a specialized forensics institution from the early stages.

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