Assistance of the Anyang attorney's office | The Anyang attorney's office helped the client avoid a custodial sentence despite three charges including stalking

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.

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.