2018 Highest 3805, 2019 Highest 403 (Consolidation)

Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Kameras and photographing) and public conflict;

Fraud

A South 90. Symar

public relations (prosecutions) and attempted Kim(Public Trial)

Attorney* (Korean National Assembly)

April 4, 2019

A defendant shall be punished by imprisonment for two years.

Defendant’s completion of sexual assault treatment programs for 80 hours and for five years, such as children and juvenile-related institutions, etc.

order the restrictions on employment.

The seized ESE one (No. 1 No. 1 on a year’s list of seized articles) shall be forfeited from the accused.

Facts of crime

"2018 Highest 3805

On November 2017, 2017, the Defendant became aware of the Victim B, who was a woman, at the Do-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-riri-ri-ri-ri-ri-ri-ri-ri-ri-ri-

On November 19, 2018, the Defendant got off Ulsan and first face with the victim, and received money by intimidationing the victim with the fact that it was infinite, with the intent to pay 20,000 won of the Defendant’s debt.

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

On November 20, 2018, between 10:30 and 11:00, the Defendant: (a) opened the victim’s ○○○○ Telecom located in Ulsan-gu, Ulsan-gu, and opened the victim’s intrusion, and (b) opened it on the phone line under the telephone line under the Maphone TV, which was owned by the Defendant, and recorded about 45 minutes of sexual intercourse with the victim.

Accordingly, the defendant taken the body of a person who could cause sexual humiliation or shame by using a camera or other similar mechanism, against the victim's will.

2. Magion;

A. After having sexual intercourse with the victim at the time and time stated in Paragraph 1, the Defendant discovered the family contact details, such as husband, faturine, and faturine stored in the cell phone of the victim, and stored them in the cell phone camera of the Defendant.

From November 23, 2018: from around 21, 2018, the Defendant: (a) discovered that the Defendant had been using Kakakao Stockholm messages to “200 now,” “On the other hand, the Defendant sent the victim’s chest photographs and sexually related video images to be cut off and arranged, and sent the victim’s contact information, and then sent the victim’s family contact information by taking out the victim’s chest photographs and sexually related video images if resolved, and then sent the victim’s family contact information.” (b) On the other hand, the Defendant was aware of the fact that the Defendant was unable to process the Kakao Stockholm messages until 3 times, and the Defendant was able to understand the situation that the time of the Kakao Kao Stockholm was changed, and then sent the Kaka Kao Kao Kao Kao x pictures, etc. to his family.

The Defendant, by threatening the victim, was transferred KRW 15,00,00 to the account in the name of △ Bank in around 12 at around 15:12.

B. From November 24, 2018: 15:35, the Defendant: (a) from around 15, 2018, the Defendant sent Kakakao Kakao Kakao am to the victim “oly or provokingly contact.” (b) On the face of how much time should not be sent, the Defendant promised to walk up the Kakao Kao Kao am with “on the first day of the first day, sent the victim’s photograph, etc., and sent the victim’s photograph, etc. by sending it by 30 days, requesting the remainder of 0 million won, and threatened the victim.

Defendant continued to do so on December 3, 2018: on December 3, 2018: 12: 43, the Defendant “satisfying to check that the victim was video.”

In order to send the Kakakao Stockholm message, "the 2th 39th 2,000 p.m. is sent to the victim with "the Kakao Stockholm message", and "the 2th 39th c.m. is sent to the victim with "the 40,000 to the 3th c.m." message "the c.m. c. c. o.m. is sent to the victim without prejudice by sending the Kakakao Stockholm message."

On December 3, 2018, the Defendant, by threatening the victim, received KRW 1 million from the victim of drinking, via the bank account in the name of C around 32, 2018.

C. From around 03 to December 4, 2018, the Defendant: (a) from around 03, 2018, “it is possible to make payments by up to two times” using Kakakao Stockholm messages to the Defendant, and (b) “On the other hand, the Defendant was transferred KRW 2 million to the account in the name of Makao Kao Kao Kao Kao Kao Kao Kao.”

D. From around December 7, 2018: 12:57, the Defendant: (a) sent the victim the Kakakao Kakao Stockholm message to the 12th day of the 12th day of the 12th day “on the basis of how much the me would have exceeded” the 300th day, and “on the basis of continuous transmission to the 300th day, so as to threaten the victim, and received KRW 3 million from the 15th day of the same day from the fluent bank account in the name of C at around 15.

Accordingly, the Defendant received a total of KRW 10 million by threatening the victim four times in total.

" 2019 Highest 403

The defendant is a victim D and a middle school partner.

On January 1, 2016, the Defendant applied for the purchase of leased apartment units located in Gyeyang-gu Seoul Metropolitan Government to the victim for marriage "on the basis of marriage." The Defendant would pay 2-3 months after lending money for KRW 30 million as security deposit. In addition, when a joint and several surety is granted a loan under the name of the Republic of Korea, the principal and principal will be fully repaid, and if the principal is not repaid, the security deposit will be repaid later.

However, in fact, even if the defendant did not file an application for the purchase of a rental apartment and did not borrow or borrow money from the victim, the defendant did not have the intention or ability to repay the loan or loan because the plan to be used in full to repay the existing other debts and loans has many liabilities before.

The Defendant, by deceiving the victim as above, received KRW 6 million from the victim on January 27, 2016, and KRW 1 million on January 28, 2016 from the account in the name of the Defendant for △△ Bank in the name of the Defendant. On January 28, 201 of the same year, the Defendant received loans of KRW 15 million from five lending companies, such as a loan to e-mail in the name of the Defendant, and had the victim stand joint and several sureties.

Accordingly, the defendant, by deceiving the victim, received property or acquired property benefits.

Summary of Evidence

Omission

Application of Statutes

1. Relevant Articles of criminal facts;

Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 350(1) and 347 of the Criminal Act

Paragraph 1 (Selection of Imprisonment)

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38(1)2, Article 50, and the proviso of Article 42 of the Criminal Act

1. Order to complete a program and order of employment restriction;

Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Protection of Children and Juveniles against Sexual Abuse

The main sentence of Article 56 (1) of the Act

1. Confiscation;

Article 48(1) of the Criminal Act

Reasons for sentencing

The defendant of this case taken the sex image, etc. with the damaged women in the course of death, taken the contact information of her husband, taken them away, or taken money by deceiving the victimized women by threatening the her husband's contact information, etc., and obtained money by deceiving the her originals of a middle school, which is not suitable for a crime in light of the planned nature of the crime, repetition, the mentality of the victimized women, and the degree of monetary damage, etc., and there is no smooth agreement with the injured women or victims on the possibility of criticism against the defendant. In addition, the defendant's age, occupation, character, personality and behavior, family relationship, living environment, circumstances leading to the crime, etc., and the punishment like the order shall be determined by taking into account the following factors as a whole.

Registration of Personal Information

When a conviction on a crime committed in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is confirmed, the accused is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

The registration period of personal information of Defendant is 15 years pursuant to Article 45(1)3 and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes. In full view of the above crimes in the holding that causes the registration of personal information, the punishment of the above crimes and the remaining crimes, the severity of the crimes, etc., the registration period of personal information in this case should not be determined more than the period according to the sentence pursuant to Article 45(4) of the same Act, and thus, the registration period of personal information should not be shortened.

An order to disclose or notify personal information;

In light of the Defendant’s age, occupation, risk of recidivism, motive for committing the instant crime, method of committing the instant crime, consequence, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, prevention of sexual assault crimes that may be achieved therefrom, and effect of the protection of the victim, etc. comprehensively taking into account the Defendant’s age, occupation, and risk of recidivism, and the background of the instant crime, the disclosure order or notification order shall not be issued to the Defendant, given that there are special circumstances under which the disclosure of personal information shall not be notified pursuant to Articles 47(1) and 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

Judges Yellow Module