Anyang Criminal Attorney | Defense Resulting in a Suspended Sentence Despite Charges Including Threat Using Filmed Material

The Anyang criminal attorney first examined the situation closely in order to provide a defense tailored to the client's circumstances.

The circumstances of the Anyang criminal case client are as follows.

The client, together with friends, came to devise a plan to post false listings online, such as on social media offering arranged meetings in Anyang, in order to lure victims and then forcibly take money and valuables.

Luring a victim through a social media post, they called the victim to a motel located in Anyang, photographed the victim in the nude, used the photographs to threaten the victim and extort money and valuables, and confined the victim so that the victim could not leave the lodging.

Thereafter, the client and the co-defendants intruded into the victim's residence in Anyang and extorted money, valuables, and cash.

The client and the co-defendants were indicted for violating the Act on Special Cases concerning the Punishment of Sexual Crimes, the Criminal Act, the Punishment of Violences Act, and other laws.

Laws Relating to Sexual Offenses

Act on Special Cases concerning the Punishment of Sexual Crimes Article 14-3 (Threat or Coercion Using Filmed Material, Etc.)
(1) A person who threatens another using a filmed material or a copy thereof (including a copy of a copy) that may cause sexual desire or shame shall be punished by imprisonment for a definite term of at least 1 year.
(2) A person who, through a threat under paragraph (1), obstructs the exercise of another's right or causes another to perform an act without obligation shall be punished by imprisonment for a definite term of at least 3 years.
(3) Where the offenses under paragraphs (1) and (2) are committed habitually, the punishment shall be aggravated by up to one-half of the penalty prescribed for the relevant offense.

🔗Unlawful Confinement and 🔗Extortion, and Laws Relating to Joint Theft

Criminal Act Article 276 (1) (Joint Confinement)
(1) A person who arrests or confines another shall be punished by imprisonment for not more than 5 years or by a fine not exceeding 7 million won.

Criminal Act Article 350 (1) (Extortion)
(1) A person who, by extorting another, receives the delivery of property or obtains a pecuniary advantage shall be punished by imprisonment for not more than 10 years or by a fine not exceeding 20 million won.

Criminal Act Article 331 (2) and (1) (Joint Theft, Comprehensively)
(1) A person who, while carrying a deadly weapon or acting jointly with two or more persons, steals another's property shall be punished by imprisonment for at least 1 year but not more than 10 years.

The Anyang criminal attorney first argued that the Anyang criminal case client acknowledged all of the charged facts and was sincerely repentant of his wrongdoing.

Unlike the other co-defendants, the client actively cooperated with the investigation from the beginning.

Realizing his wrongdoing, the client sought the victim's forgiveness, actively participated in the investigation, and showed remorse.

The Anyang criminal attorney argued that, although the client participated in the offense, he did not participate directly or actively.

In fact, the client did not participate in any direct violence or intimidation, and he even actively tried to stop the other defendants' offenses.

The victim and the co-defendants also stated that the client did not directly participate in the violence or intimidation, and the Daeryun Anyang criminal attorney submitted those statements as evidence.

The Anyang criminal attorney argued that the client sincerely sought the victim's forgiveness and reached a settlement.

The victim also did not wish for the client to be punished, and the attorney submitted the settlement agreement and the statement of no wish for punishment as evidence.