Calculators & Self-ChecksProsecution Request Estimator
Filming with a camera, etc. (illegal filming): statutory penalty and likely requested sentence
The statutory penalty for Filming with a camera, etc. (illegal filming) and the likely handling of the case depending on your circumstances. The results are for reference only.
- Statutory penalty
- Up to 7 years in prison or a fine of up to KRW 50 million (increased by up to 1/2 if habitual)
- Legal basis
- Act on Special Cases Concerning the Punishment of Sexual Crimes, Article 14(1)
- Category
- Sex crimes · Act on Special Cases Concerning the Punishment of Sexual Crimes
Calculate with your own circumstances
What the handling steps mean
- Detention considered · Detention (구속): being held in custody during the investigation and trial under a court warrant when there is a risk of fleeing or destroying evidence
- Formal trial · Formal trial (구공판): the prosecutor asks the court for a trial, and you stand before a judge in a courtroom
- Summary fine · Summary indictment (약식기소): a procedure in which a fine is set on the documents, without a trial in a courtroom
- Suspension of indictment possible · Suspension of indictment (기소유예): the wrongdoing is recognized, but the prosecutor takes various circumstances into account and closes the case without sending it to trial
- Referral to the Family Court possible · Domestic or juvenile protection case: instead of criminal punishment, the Family Court imposes protective dispositions such as counseling, a no-contact order or community service
Handling standards at a glance
Listed from heaviest to lightest. The actual decision depends on the results of the investigation and your circumstances.
Detention considered
- Likely requested sentence
- 2 years or more in prison
Formal trial (prison sentence requested)
- Likely requested sentence
- 1 year 6 months or more in prison
Formal trial (fine requested)
- Likely fine
- KRW 5 million or more
Formal trial (fine requested)
- Likely fine
- KRW 3 million or more
Suspension of indictment possible
A first offense filming a less sensitive body part where the victim cannot be identified or a settlement was reached is the type for which a suspension of indictment is possible, usually on conditions such as an education program. In practice a fine (KRW 3 million with a settlement, KRW 5 million or more without) is sometimes requested.
Notes
- After a 2020 amendment, the statutory penalty rose sharply, so the actual handling may be heavier than this estimate.
- The photos and videos are confiscated, and a conviction may lead to registration of personal information, etc.
- For a juvenile's first offense with sincere remorse, a suspension of indictment may be considered.
Frequently asked questions
- Filming with a camera, etc. (illegal filming): what is the statutory penalty?
- Legal basis: Act on Special Cases Concerning the Punishment of Sexual Crimes, Article 14(1). Statutory penalty: Up to 7 years in prison or a fine of up to KRW 50 million (increased by up to 1/2 if habitual).
- Filming with a camera, etc. (illegal filming): how is the case usually handled?
- Depending on the circumstances, it may be handled as follows: Detention considered, Formal trial (prison sentence requested), Formal trial (fine requested), Suspension of indictment possible. Enter your circumstances in the calculator above to see which one applies.
Other crimes in the same category
This is only an estimate based on how investigative agencies usually handle cases. The actual decision and request depend on the facts of the case, such as a settlement, prior convictions and how the crime happened, and on the judgment of the prosecutor in charge; the final sentence is decided by the court. If you are about to be questioned, do not rely on this result alone and talk to a lawyer first.
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