2017 Highest 5282 Intimidation, Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kamera, etc.)

Is○○ (71**********) and Company Won

Maximum territorial (prosecution) and subordinate civil trials;

Attorney Lee Sung-hoon

January 23, 2018

A defendant shall be punished by imprisonment for six months.

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

Seized evidence 1 or 2 shall be confiscated.

Criminal facts

1. Intimidation;

On June 25, 2017, the Defendant: (a) expressed the purport that “The Victim Kim ○○ (Woo, 35 years of age) who was in an internal-related relationship would have come to her husband if she was her husband; (b) would come to her front of her house,” and (c) Kakakaox, stating that “I would know about the substance of she would go to the head of her house; and (d) I will know about the surrounding people of the fact that I go to her life, because I go to her life, I would go to her body photograph of the victim who was in possession of the victim and the victim’s contact address photograph to the victim, and would spread the victim’s body photograph to the victim’s will if I wish to do so by sending it to the victim.”

2. Around 14:00 on June 25, 2017, the Defendant: (a) taken the victim’s body body using a camera or other mechanical device with similar functions, and distributed pictures taken by the victim, using a camera or any other mechanical device with similar functions, to take the part of the victim’s body, which may cause sexual humiliation or the heart of the victim’s body, by cutting down the victim’s her front part, and then cutting off the victim’s front part, which is the same as it does not have any decentralization; and (b) sending one home to the victim’s family members and 30 cell phoness by sending it to the victim’s family members and her family members.

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol on Kim○-○;

1. Complaint;

1. The Kakao Stockholm content;

1. In cases of the investigation report (in cases of attaching materials submitted by the complainant), b body letters and photographs1. The records of seizure, the list of seizure, the records of seizure (in cases of voluntary submission), the list of seizure, the list of seizures; 1. Report on the results of digital evidence analysis (in cases

Application of Statutes

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

Article 283(1) of the Criminal Act, Article 14(2) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the distribution of photographed videos, such as Cameras), and Article 15(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; Article 37 former part of Article 37, Articles 38(1)2 and 50(1) of the Criminal Act among concurrent offenders; Article 16(2)1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Article 48(1) of the Confiscation Criminal Act; Article 48(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes) where a conviction becomes final and conclusive with respect to a crime subject to the registration of personal information and the obligation to submit personal information to the head of the competent police agency

Exemption from Information Disclosure Order or Notice Order

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, disclosure order or notification order of the sexual crime of this case, the degree and expected side effects of the Defendant’s disadvantage and expected side effects, prevention of the sex offense subject to registration that may be achieved therefrom, and the protection effect of victims, etc., it is determined that there are special circumstances that the disclosure or notification of personal information should not be disclosed or notified. Thus, pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

Reasons for sentencing

The crime of this case was committed in the following ways: (a) the defendant requested the victim to continue to have a dynamic image image on which the defendant had a sexual intercourse with the victim who had a sexual intercourse; (b) the defendant sent the above photograph to about 30 persons who had a family member of the victim; (c) the crime was very bad in nature; (d) the victim was included in the victim's family member as well as the parents of the victim's child; and (e) the victim was forced to block the social relationship; (e) the victim was damaged to the family members of the victim who did not have any error; and (e) the victim did not receive a letter from the victim until now, it is inevitable to sentence the defendant as to

However, in determining the term of punishment, the defendant led to the confession of the crime, the attitude against his depth, the victim appears to have been aware of the fact that he wanted to use the defendant and his wife in order to observe the defendant's wife's home, the occurrence of this case has considerable degree of responsibility of the victim, and the victim has expressed an attitude against the defendant's wife who became aware of the non-humane relationship with the defendant. Considering the fact that the defendant did not have the previous relationship with the defendant in favor of him, an ordinary circumstance takes into account that the defendant did not have the previous relationship with the defendant. In this case, the sentencing conditions such as the motive and circumstance of the crime, relationship with the victim, age, character and conduct of the defendant, environment, circumstances after the crime, etc. shall be comprehensively taken into account.

Judges Ounok-ok