출입국민원 대행기관
동주 매거진MAGAZINE

Attorney at Lawfirm Dongju
Criminal Law Specialist Attorney, Korean Bar Association
Former Court-Appointed Defense Counsel, Supreme Court of Korea
Former Court-Appointed Victim's Counsel, Suwon District Prosecutors' Office
Former Legal Counsel for Investigation-Related Civil Complaints, Suwon Nambu Police Station
Legal Counsel at Korean Dental Association
Legal Advisor at Flick Contents Lab (Company Developing Games to Support Victims of Sexual Crimes)
Lecturer for Counselors at the Seoul Metropolitan Police Agency School Violence Reporting Center (117)
성범죄처벌수위, 외국인 할로윈 코스튬 몰카 도촬죄/강제추행 초범도 추방 위험? Sexual Offense Sentencing: Can foreign nationals face Deportation for Illegal Filming Halloween costumes or Committing Indecent Act by Compulsion, even as first-time offenders?
Hello, this is Lawfirm Dongju.
Police authorities tend to strengthen crackdowns during periods when large crowds are expected such as Halloween, because cases concerning Indecent Acts are expected to occur more.
Also criminal liability may arise by photographing someone wearing a costume regardless of intent, if the person photographed feels that he or she is sexually harassed.
Please note that foreign nationals may face immigration consequences including Departure Order or Deportation Order when a criminal penalty is imposed in South Korea.
It is important to cooperate with Immigration Attorney and Immigration Administrative Specialist to seek a reduction in the severity of the criminal penalty and resolve both the criminal and immigration matters if involved in a case related to Sexual Offense.
At Lawfirm Dongju, Immigration Attorneys and Immigration Administrative Specialists work together from Police Interrogation to defend foreign nationals against charges involving Illegal Filming and Sexual Offense and help protect their status of stay in South Korea.
INDEX ⬛ 01 What problems can foreign nationals face after a criminal penalty? ⬛ 02 What are the sentencing levels for Illegal Filming and Indecent Act by Compulsion? ⬛ 03 Why is sentence reduction even more important for foreign nationals? ⬛ 04 Are there any precautions when reaching a settlement with the victim? ⬛ 05 Conclusion |
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.
외국인 배달대행라이더 불법취업 및 명의대여 적발, 처벌수위와 대응법 소개
26.10.12
외국인 마약투약구속, 긴급체포 후 구속 피하려면 무엇을 해야 할까?
26.10.08