CONTENTS
- 1. The client who came to the Anyang attorney's office
- - The Anyang attorney examined the circumstances of the case
- 2. The Anyang attorney's office's assistance in defending the client
- 3. As a result of the Anyang attorney's office's assistance, a successful defense achieving a suspended sentence
1. The client who came to the Anyang attorney's office
The client who came to the Anyang attorney's office had been charged by his girlfriend with a sexual crime involving illegal filming using a camera, 🔗stalking, and 🔗intimidation, among others.
The client was very afraid of receiving a heavy punishment on the multiple charges.
Hoping to avoid a custodial sentence at the least, the client came to the Daeryun Anyang attorney's office.
The Anyang attorney examined the circumstances of the case
The Daeryun Anyang attorney examined the circumstances of the case through a detailed consultation with the client at the office.
The client had used his mobile phone to film the victim nude, and afterward, when his girlfriend notified him that she wanted to break up, he threatened her using those photographs.
When his girlfriend's intention to break up did not waver, the client repeatedly sent dozens of text messages, including photographs, threatening that he would die if they broke up.
Because of these facts, the client was charged with a violation of the Act on Special Cases concerning the Punishment of Sexual Crimes, a violation of the Act on Punishment of Crime of Stalking, and intimidation.
Statutes relevant to the case as explained by the Anyang attorney
We will explain the statutes relevant to the case of the client who came to the Anyang attorney's office.
Act on Special Cases concerning the Punishment of Sexual Crimes, Article 14 (Filming Using a Camera, etc.)
(1) A person who films the body of another that may cause sexual desire or shame, against the will of the person filmed, using a camera or other device with similar functions, shall be punished by imprisonment for not more than 7 years or a fine not exceeding 50 million won.
(2) A person who distributes, sells, leases, provides, or publicly displays or screens the filmed material or its reproduction under paragraph (1) (including reproductions of reproductions; the same shall apply hereinafter in this Article), or a person who, even where the filming under paragraph (1) was not against the will of the person filmed at the time of filming (including where one films one's own body), subsequently distributes such filmed material or reproduction against the will of the person filmed, shall be punished by imprisonment for not more than 7 years or a fine not exceeding 50 million won.
(3) A person who, for the purpose of profit, commits the crime under paragraph (2) against the will of the person filmed by using an information and communications network under Article 2 (1) 1 of the 「Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.」 shall be punished by imprisonment for a definite term of not less than 3 years.
(4) A person who possesses, purchases, stores, or views the filmed material or reproduction under paragraph (1) or (2) shall be punished by imprisonment for not more than 3 years or a fine not exceeding 30 million won.
(5) Where a person habitually commits the crimes under paragraphs (1) through (3), the punishment prescribed for the relevant crime shall be aggravated by up to one half.
Act on Punishment of Crime of Stalking, Article 18 (Crime of Stalking)
(1) A person who commits the crime of stalking shall be punished by imprisonment for not more than 3 years or a fine not exceeding 30 million won.
(2) A person who commits the crime of stalking while carrying or using a weapon or other dangerous object shall be punished by imprisonment for not more than 5 years or a fine not exceeding 50 million won.
Criminal Act, Article 283 (Intimidation, Intimidation against a Lineal Ascendant)
(1) A person who intimidates another shall be punished by imprisonment for not more than 3 years, a fine not exceeding 5 million won, detention, or a minor fine.
(2) A person who commits the crime under paragraph (1) against his or her own or a spouse's lineal ascendant shall be punished by imprisonment for not more than 5 years or a fine not exceeding 7 million won.
(3) The crimes under paragraphs (1) and (2) may not be prosecuted against the express will of the victim.
2. The Anyang attorney's office's assistance in defending the client
First, the Anyang attorney's office had the client reach an amicable settlement with the victim and prepare a settlement agreement, and submitted a statement of non-punishment to the court to request sentencing consideration regarding the intimidation and stalking crimes.
Criminal Procedure Act, Article 327 (Judgment of Dismissal of Prosecution) In any of the following cases, a judgment dismissing the prosecution shall be pronounced.
1. Where there is no jurisdiction over the defendant
2. Where the procedure for instituting the prosecution is invalid for violating the provisions of law
3. Where the prosecution has been instituted again for a case for which a prosecution has already been instituted
4. Where the prosecution has been instituted in violation of Article 329
5. Where the complaint has been withdrawn in a case for which a complaint is required to institute prosecution
6. Where, in a case that may not be prosecuted against the express will of the victim, the victim has expressed an intention not to seek punishment or has withdrawn the expressed intention to seek punishment
The Anyang attorney's office also requested leniency on the ground that the client had subsequently deleted the filmed material and did not distribute it, so that no further harm occurred.
3. As a result of the Anyang attorney's office's assistance, a successful defense achieving a suspended sentence
With the assistance of the Anyang attorney's office, the client was able to avoid a custodial sentence despite the three charges.
As awareness of sexual crimes has recently grown and strict punishments are being imposed, it is safest to receive the assistance of a specialist attorney.
If you become involved in charges related to a sexual crime in a situation like the above, please visit the Daeryun Law Firm 🔗Anyang office, which does its utmost to protect the client's rights from consultation through the investigation and trial process.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
