Jinju Criminal Law Attorney Assistance Case | Defense Resulting in a Suspended Sentence Despite Multiple Charges Including Sexual Offenses, Destruction of Property, and Assault

The Jinju attorney specializing in criminal law set out to review the case in order to provide a defense tailored to the client's case.

The client, who resides in Jinju, and the alleged victim had been in a relationship and had lived together for more than nine years.

One day, the alleged victim unilaterally announced that she had met another man and moved out after clearing out the home.

Bewildered by the alleged victim's unilateral notice of separation, the client visited her several times, but she would not meet with him.

Angered by this, the client threatened the alleged victim, stating that if she would not meet with him, he would distribute online a video of sexual relations that he had secretly recorded earlier.

Frightened by the threat, the alleged victim appeared, and during their conversation the client, becoming angry, threw the alleged victim's mobile phone and slapped her on the cheek.

■Statutes concerning illegal filming and threats

Act on Special Cases concerning the Punishment of Sexual Crimes, Article 14 (Filming Using a Camera, etc.)
(1) Any person who films the body of another person, which may cause sexual desire or shame, against that person's will by using a camera or other device with a similar function shall be punished by imprisonment for not more than seven years or by a fine not exceeding 50 million won.

Act on Special Cases concerning the Punishment of Sexual Crimes, Article 14-3 (Threat or Coercion Using Filmed Material, etc.)
(1) Any person who threatens another person by using filmed material or a reproduction thereof (including a reproduction of a reproduction) that may cause sexual desire or shame shall be punished by imprisonment for a definite term of not less than one year.
(2) Any person who, through a threat under paragraph (1), interferes with the exercise of another person's rights or compels another person to do an act that he or she is not obligated to do shall be punished by imprisonment for a definite term of not less than three years.
(3) Where a person habitually commits the offenses under paragraphs (1) and (2), the punishment prescribed for such offenses shall be increased by up to one-half.

■Statute concerning destruction of property

Criminal Act, Article 366 (Destruction of Property, etc.)
Any person who damages, conceals, or by any other means impairs the utility of another person's property, document, or special media record such as an electronic record shall be punished by imprisonment for not more than three years or by a fine not exceeding 7 million won.

During consultation with the client, the Jinju attorney specializing in criminal law learned that the material secretly filmed and used to threaten the alleged victim was not of the alleged victim but a photograph circulating on the internet.

Article 14-2(1) of the Act on Special Cases concerning the Punishment of Sexual Crimes defines the elements of the offense as those of “a person who threatens another person by using filmed material or a reproduction that may cause sexual desire or shame.”

Daeryun's Jinju attorney specializing in criminal law argued that, because the photograph was that of an unidentified person circulating on the internet, and based on existing precedent, the client's conduct did not fall under the offense punishable under the Act on Special Cases concerning the Punishment of Sexual Crimes.

Busan District Court, Judgment of January 27, 2023, 2021 Gohap 517

Where a person threatened the alleged victim by sending a nude photograph of an unidentified woman as if it were a nude photograph of the alleged victim, the court held that it is reasonable to interpret “filmed material or a reproduction” as limited to material depicting the body of the alleged victim who was the object of the threat, or edited or processed material in a form that could be mistaken for the alleged victim, and that it is not reasonable to interpret the provision as extending to a case of threatening by causing a photograph of another person entirely unrelated to the addressee of the threat to be mistaken for a photograph of the alleged victim.

The Jinju attorney specializing in criminal law argued that the client had sincerely sought the alleged victim's forgiveness and, through this, had reached an amicable settlement.

The alleged victim also stated that she believed the client had acted impulsively because he felt deeply betrayed by her sudden notice of separation.

Daeryun's Jinju attorney specializing in criminal law submitted the settlement agreement and the statement of no desire for punishment as evidence.

The above case involved multiple criminal charges, including punishment for sexual crimes, destruction of property, and assault.

If you have been indicted on multiple criminal charges, the collection of legal evidence to determine causation is essential.

The attorneys specializing in criminal law at Daeryun Law Firm collect the necessary evidence and provide legal assistance tailored to the client.

If you are involved in a criminal case in Jinju and need legal assistance, please come to the Jinju attorney specializing in criminal law of Daeryun Law Firm.