Illegal Filming, Distribution of Obscene Material

Case Overview

This case concerned an act of filming using a camera or similar device and whether the footage had been distributed, with the core issues being whether the offense of Illegal Filming (officially “taking photographs or videos by using cameras”) under the Act on Special Cases Concerning the Punishment of Sexual Crimes (the “Sexual Violence Punishment Act”, 성폭력처벌법) and the offense of distributing obscene material via an information and communications network were established. The existence of consent at the time of filming, the illegality of the subject and method of filming, the sexual meaning and obscenity of the footage, and whether it was actually distributed and with intent were all contested comprehensively, and the interpretation of digital evidence and the scope of the offense became important factors in the determination.

Our Strategy

From the start of the investigation, DAEON's specialist attorney precisely analyzed the circumstances of the filming and the nature of the footage from a legal standpoint, and established a strategy that clearly distinguished mere filming from the elements of the punishable offense of Illegal Filming. In particular, we examined from multiple angles whether the elements of the offense were met, focusing on the specificity of the subject filmed, whether the material was capable of arousing sexual desire or causing shame, and the objective standard of obscenity of the footage; as to the alleged distribution, we rigorously contested both the actual fact of transmission or posting and the existence of intent.

Result · No Charges Filed

Illegal Filming, Distribution of Obscene Material

This is the result of an individual case and does not guarantee a similar outcome. Some facts have been generalized and personal information redacted to protect the client.