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Q
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Sex crimes attorney, I filmed the legs of an unfamiliar woman who was sleeping on a bus. I was reported for a sex crime over this, but I did not commit an indecent act by compulsion; I just took a photo once, so does this also constitute a sex crime? It seems I was reported for something like illegal filming using a camera... Is this also a type of sex crime?
Sex crimes attorney
Answer
Published:
Author : Byung Joon KOH
Hello. This is a sex crimes attorney at Daeryun Law LLC.
Illegal filming using a camera is the act of filming another person's body against that person's will, and it constitutes a sex crime.
According to Article 14 of the Act on Special Cases concerning the Punishment of Sexual Crimes, the act of using a camera or a mechanical device with a similar function to film another person's body against the will of the person being filmed may be punishable by imprisonment for not more than 7 years or a fine of not more than 50 million won, and an attempt is punished in the same way. In particular, the same criminal punishment applies where the filmed photographs or video are distributed, sold, leased, or made public.
Therefore, filming a sleeping woman's legs on a bus without permission constitutes illegal filming using a camera, separately from an indecent act by compulsion, and it constitutes a sex crime that infringes the right to sexual self-determination.
In principle, even merely filming is subject to punishment, and the sentence may vary depending on various factors, such as whether the footage was distributed, the will of the subject at the time of filming, and whether there was a commercial purpose.
For detailed matters concerning illegal filming using a camera, you may wish to confirm them through a consultation with a sex crimes attorney.
In sex crime cases, since it is important to prepare a response strategy from the early stage of the case, you should also consider obtaining the assistance of a sex crimes attorney.
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