성범죄처벌 Sexual Offense Sentencing 몰카촬영 Illegal Filming 강제추행 Indecent Act…

The sentencing level for Sexual Offense applies equally to locals and foreign nationals. However, foreign nationals have to face immigration issues when the criminal proceedings are concluded.

The immigration authorities may conduct Immigration Violation Screening of foreign nationals who have violated public order in order to assess whether they should be permitted to continue staying in South Korea or not.

It may become difficult to avoid Departure Order or Deportation Order if the authorities determine that the risk of reoffending is high, the offense is serious, or the foreign national has received a severe criminal penalty.

A core problem arises at this point. The Criminal penalty imposed on Sexual Offense is generally severe since it is an extremely sensitive matter in society. The Criminal penalty imposed on Sexual Offense is generally severe since it is an extremely sensitive matter in society.

Accordingly, a foreign national may end up receiving a criminal penalty that is disproportionate to the gravity of the actual conduct if fails to respond appropriately and may ultimately be forced to leave the country.

There are various types of Sexual Offenses, but here we will focus on Illegal Filming and Indecent Act by Compulsion.

The offense of Taking Photographs by Using a Cameras (commonly referred to as Illegal Filming) can apply when a person photographs another person's body, against that person's will, in a manner that may cause sexual harassment or sexual humiliation.

The statutory penalty for Illegal Filming is Imprisonment for up to seven years or a fine of up to 50 million won. An attempt to commit the offense may also be punishable, and the punishment may be aggravated if the offense is committed habitually.

In addition, Indecent Act by Compulsion can apply when a person commits an indecent act against another person by means of violence or intimidation without that person's consent. The offense is punishable by Imprisonment for up to ten years or a fine of up to 15 million won.

The sentencing factors considered in Sexual Offense cases vary significantly depending on the circumstances. It is therefore important to identify every mitigating factor available in order to expect Suspension of Public Prosecution.

However, it may be difficult to avoid Imprisonment in certain cases.

If a foreign national has temporarily entered Korea on a short-term visa, such as a tourist visa or a short-term employment visa, the goal should be to avoid Imprisonment and receive Probation in order to leave South Korea.

For those holding a long-term visa, it is advised to receive a lenient criminal penalty in order to seek Recommendations for Departure rather than Departure Order or Deportation Order. This may increase the possibility of being able to re-enter South Korea in the future.

If involved in a case despite having no malicious intent, early legal action becomes even more important.

One must understand that simply denying the allegation is not enough. Make sure to actively explain your position based on legal grounds and supporting evidence that can substantiate your claims.

If you are having difficulty determining what legal grounds and evidence may lead to a favorable outcome, we recommend consulting an attorney experienced in handling cases involving such offense before proceeding any further.

A settlement with the victim can be an important sentencing factor in a Sexual Offense case.

At this point, it is wise to ask for assistance from Immigration Attorney to establish an appropriate strategy that can lead to an amicable settlement.

This is because approaching the victim hastily without an appropriate strategy may make the victim feel uncomfortable and could instead have a negative impact on the case.

Furthermore, it may be necessary to negotiate the terms and amount of the settlement rather than simply paying whatever settlement amount the victim demands.

Halloween has become a cultural event enjoyed by many foreign visitors in Korea.

Large numbers of people head to the streets, wearing costumes and enjoying drinking together.

However, Illegal filming and Indecent Act by Compulsion cases involving foreign nationals can occur at the same time.

Lawfirm Dongju provides foreign nationals with individualized strategies based on their immigration status, from seeking a reduction in Sexual Offense Sentencing to responding to Immigration Violation Screening.

If you need any legal assistance, please contact us as soon as possible.

Thank you.