Threat With a Video | Assisted a Victim Threatened With a Sexual Video, the Offender Received an Actual Sentence

If you are being subjected to video-based threats, the following explains how to respond.

As with the client in the case above, if you are being threatened with the distribution of sexual footage online or to others, it is advisable to respond with the help of an attorney experienced in this area.

The victim can gather evidence, such as threatening text messages and call records, and report the matter to the police.

Contacting investigative agencies or women's support organizations to request recovery from the harm is also a sound approach.

After that, a specific statement regarding the harm should be prepared based on the collected evidence.

A victim of a threat may also pursue a civil claim for damages separately from a criminal complaint.

It can be realistically difficult for a victim to carry out complex legal procedures alone.

For this reason, proceeding with the legal process with the help of an attorney experienced in this area is recommended.

Daeryun Law Firm maintains a principle of strict confidential consultation, and its attorneys provide a prompt one-team response to protect the rights and interests of the client.

Distributing an illegally filmed video may result in imprisonment for not more than 7 years or a fine not exceeding 50 million won.

Using filmed material to threaten or coerce someone with distribution may result in the following punishment.

A person who threatens another using sexual filmed material is subject to imprisonment for a definite term of not less than 1 year.

An attempt to commit the crimes of threat or coercion using filmed material is also punishable.

For 🔗intimidation to be established, the conduct must reach a level that instills fear, considering the dispositions of the actor and the other party, the surrounding circumstances, their status, their mutual relationship, and the various circumstances before and after the act.

The respondent used the client's sexual intercourse video to apply psychological pressure on the victim.

Due to the respondent's intimidation, the client felt extreme fear and, unable to make proper decisions, was being swayed by the respondent's demands.

The attorney in charge of the client argued that the respondent's conduct clearly constituted intimidation and requested severe punishment.

The person against whom the complaint was filed repeatedly demanded money from the client on the pretext of distributing a sexual relationship video.

The client did in fact transfer approximately 3 million won to that person.

Through threats such as ‘Lend me some money. So you do not mind if the video gets spread? Should I send it to your friends on social media?’, that person took money from the client several times against the client’s will.

🔗In the crime of extortion, a ‘threat’ refers to an act that frightens the other party into behaving as desired. That is, it means threatening the other party with frightening words or conduct to a degree that obstructs that person from thinking and deciding freely.

That person threatened the client by mentioning the client’s workplace and saying that the video would be sent to the client’s coworkers, and through this, demanded money from the frightened client and extorted approximately 3 million won.

The attorney in charge emphasized this threatening and extortionate conduct by that person and requested leniency.