CONTENTS
- 1. Busan Sexual Offense Attorney | The Client's Criminal Conduct
- 2. Busan Sexual Offense Attorney | The Client's Level of Punishment
- - Level of Punishment for the Crime of Stalking
- - Level of Punishment for Obscenity via Telecommunication Media
- 3. Busan Sexual Offense Attorney | Defense of the Client
- 4. Busan Sexual Offense Attorney | The Client's Judgment
1. Busan Sexual Offense Attorney | The Client's Criminal Conduct
The client said he had committed the sexual offenses of stalking and obscenity via telecommunication media,
and the criminal conduct of the client as ascertained by the Busan sexual offense attorney was as follows.
The client wanted to date the victim, whom he had met through an acquaintance, but the victim did not seem to like the client and reportedly rejected his requests to date several times.
Unable to give up on the victim, the client continued to contact her, and he said it seems his way of expressing his feelings had been wrong.
The client continuously sent KakaoTalk chat messages to the victim, the main content of which was as follows.
“Take care not to catch a cold in the chilly weather. Your body is mine.”, “I want so badly to see you get excited and happy.”, “Please, just give it to me once.”
The victim repeatedly asked him to stop sending chat messages, but the client continued to send them over a period of about 2 years.
The victim then reported the Busan sexual offense attorney's client, and this is how the case came about.
2. Busan Sexual Offense Attorney | The Client's Level of Punishment
A total of 2 charges were applied to the Busan sexual offense attorney's client, and the level of punishment was reviewed.
Level of Punishment for the Crime of Stalking
■Act on Punishment of Crime of Stalking Article 2 (Definitions)
1. “Stalking act” means causing the other person anxiety or fear by engaging, against the other person's will and without legitimate reason, in any of the acts falling under one of the following items.
(c) Causing objects, writings, words, signs, sounds, pictures, images, or visuals to reach the other person and others by mail, telephone, fax, or by using an information and communications network, or causing writings, words, signs, sounds, pictures, images, or visuals to appear to the other person and others through a program using an information and communications network or the functions of a telephone
2. “Stalking crime” means committing a stalking act continuously or repeatedly.
■Act on Punishment of Crime of Stalking Article 18 (Stalking Crime)
① A person who commits a stalking crime shall be punished by imprisonment for not more than 3 years or a fine not exceeding 30 million won.
Because the Busan sexual offense attorney's client repeatedly committed stalking acts by continuously sending chat messages to the victim, the stalking crime was applied, and under the 🔗Act on Punishment of Crime of Stalking, he could be punished by imprisonment for not more than 3 years or a fine not exceeding 30 million won.
Level of Punishment for Obscenity via Telecommunication Media
■Act on Special Cases concerning the Punishment of Sexual Crimes Article 13 (Obscene Acts Using Telecommunication Media)
A person who, for the purpose of arousing or satisfying his or her own or another person's sexual desire, causes words, sounds, writings, pictures, images, or objects that arouse a sense of sexual shame or aversion to reach another person through telecommunication media such as a telephone, mail, computer, or otherwise, shall be punished by imprisonment for not more than 2 years or a fine not exceeding 20 million won.
Because the content of the chat messages sent by the Busan sexual offense attorney's client aroused a sense of sexual shame or aversion, 🔗obscenity via telecommunication media was applied, and he could be punished by imprisonment for not more than 2 years or a fine not exceeding 20 million won.
3. Busan Sexual Offense Attorney | Defense of the Client
The Busan sexual offense attorney defended the client as follows.
■The client acknowledges his wrongdoing and is sincerely remorseful.
■The client supports his elderly mother, who is in poor health.
■The client regularly makes donations for underprivileged neighbors.
■The client has no prior record of criminal punishment.
4. Busan Sexual Offense Attorney | The Client's Judgment
The Busan sexual offense attorney's client was charged by summary indictment at the prosecution stage. The court issued a summary order for a minor fine,
A summary indictment is when a prosecutor requests the court to impose a fine through summary proceedings.
The court then reviews the documents and issues an order for a fine, which is a summary order.
In this case, because the client had committed a stalking crime and obscenity via telecommunication media, it was expected that he would be severely punished with imprisonment.
However, through the active defense of the Busan sexual offense attorney, he was able to avoid imprisonment.
If, like the client in this case, you face the risk of punishment for a stalking crime, a sexual offense, or the like, please entrust your case to us.
We will thoroughly review and analyze the client's case and present and pursue an appropriate solution.
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