2019 Highest 1053, 1295(combined), violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amerasation), intimidation, fraud

A

Park Jong-jin (Court of Appeals), Kim Jong-woo (Court of Appeals)

Attorney Choi So-young (Korean National Assembly)

August 23, 2019

A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Seized evidence No. 3 shall be confiscated.

Criminal History Office

"2019 Highest 1053"

The defendant and the victim B (the age of 36) are the relationship between June 2018 and September 2018.

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and photographing);

On September 19, 2018, at around 00:58, the Defendant taken pictures of the Defendant’s residence located in the Gangnam-gu Seoul Metropolitan Government C building D, using the Defendant’s LGstle pPC camera function, which was put in front of cremation, and sexual intercourse with the victim following the death of the victim.

Accordingly, the defendant taken the body of the victim who may cause a sense of sexual shame against his will.

2. Intimidation;

At around 13:00 on September 29, 2018, the Defendant knew of the fact that the victim filed a complaint with the police (in the investigation of the case No. 2019 type No. 3534) against the Defendant on the charge of fraud of the deposit contract, and knew of whether or not the victim filed a complaint or not, the face of the victim does not come. The Defendant made a complaint, brutly, bh the victim’s family members and the victim’s family members of the victim of the sexual relationship under paragraph (1). If the victim did not withdraw the complaint, the Defendant made a complaint with the face of a lifelong damage? He knows that the mother was aware of the number of her mother, and one name was known of the number of son-gus who called the No. 3500. The name was accepted, and one name was sent to the E or Ma, and the victim did not withdraw the complaint, thereby threatening the victim’s family members and the victim of the sexual relationship under paragraph (1).

"2019 Highest 1295"

around June 2018, the Defendant had a sense to the victim B (n, 36 years of age) (n, 36) who became aware of at the private dancing club, and was paid to the Defendant as the victim and ties by concealing the fact that the Defendant was legally married.

Furthermore, around that time, the Defendant was a victim and a chain, and the facts were leased to and resided in the Gangnam-gu Seoul Metropolitan Government Office D heading office on condition of 12.70,000 won per month, but the Defendant has made efforts to boost the victim’s re-performance and connection by falsely notifying the victim of his/her re-performance and connection, such as "the friend of flus is getting lower than the building owner’s market price."

In this regard, the defendant, among others, has reached about 300 million won of personal debt, such as a lending company, and, to the extent that it is impossible to pay monthly salary to the employees employed by a funeral business operated by the defendant, he was able to receive money from the victim and use it for living expenses, etc. on July 1, 2018. In a place where it is impossible to identify the place of early police officers, the defendant used the defendant's office in the name of 230 million won of deposit money for the victim, and the defendant used the defendant's office in the name of her mother to transfer 42 million won as deposit money to her mother-gu and will live in the above office." On August 1, 2018, the defendant received 42 million won from the victim as a community credit cooperative account (G) in the name of the defendant on August 1, 2018.

Accordingly, the defendant was given 42 million won to the victim by deceiving the victim.

Summary of Evidence

[2019 Highest 1053]

1. Defendant's legal statement;

1. The police statement concerning B;

1. Records of seizure and the list of seizure;

1. Details of the F dialogue;

1. Report on investigation (report on the result of execution of a warrant of seizure, search and inspection);

[2019 Highest 1295]

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. Details of deposits, details ofF dialogues, and records of each recording;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 14(1)(a) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018); Article 283(1) of the Criminal Act; Article 347(1) of the Criminal Act; Article 347(1) of the Criminal Act; Articles 347(1) of the Act on Special Cases Concerning the Punishment of Sexual Crimes

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Order to complete programs;

The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

[A prosecutor is also entitled to confiscation under subparagraphs 1 and 2 of the above evidence, but there is no evidence to prove that the above seized article was provided for the crime of this case or acquired through the crime of this case.]

Registration and submission of personal information;

Where a conviction becomes final and conclusive with respect to a crime in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which is a sex offense subject to registration, the accused is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article

Disclosure Order, Notice Order, and Employment Restriction Order

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of the crime, method and seriousness of the crime, disclosure and notification order and employment restriction order, anticipated side effects and expected side effects to be achieved by the order, prevention and effect of sexual crimes subject to registration that may be achieved thereby, protection effect of the victim, etc., it is determined that there are special circumstances where the Defendant shall not disclose or notify personal information or place employment restriction. Thus, Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018) and the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities.

Reasons for sentencing

The punishment as ordered shall be determined in consideration of the sentencing conditions indicated in the records, such as the following circumstances, the age, environment, motive, means and consequence of the crime, and the circumstances after the crime.

○○ Unfavorable Circumstances: The Defendant, by acquiring money from a victim who was in a relationship with the victim and filing a complaint against the Defendant, threatened the victim with fear of spreading sexually related video images with the victim who taken the victim without the victim’s consent, and the nature of the crime is very bad. The amount of damage caused by the fraud is not so significant and the damage has not been recovered.

The circumstances favorable to ○: The defendant does not have any criminal records exceeding a fine.

Judges Han Han-chul