2019 high group 547 high group 547 high group , coercion, violation of Special Act on the Punishment, etc. of Sexual Crimes

(Ameras and photography), damage to property, intimidation, etc.

A

Yellow Britain, Gu resources (public trial)

Law Firm (LLC) B

Attorney C, D, E, and F

August 29, 2019

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2.Provided, That the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive;

3. Subparagraph 2 of seized evidence shall be confiscated from the accused;

4. Not guilty on the charge of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras, etc.) among the facts charged in the instant case;

Criminal facts

The defendant is between the victim G (n, 27 years of age) and the victim after he became aware of at the end of June 2018.

1. Damage to property;

At around 23:30 on the first day of August 2018, the Defendant, at the residence of the victim of the building 000 located in the Gangnam-gu Seoul Metropolitan Government OOOOOOO-type OO-type, caused a door door door to the victim while the victim and the victim have been in dispute, thereby damaging part of the upper part of the above inquiry, which is the victim's ownership, to be incidental to the repair cost of KRW 2.2 million.

2. Injury;

At around September 13, 2018, 00:47, the Defendant: (a) stated that the victim did not speak about H on September 11, 2018 at the victim’s residence; (b) stated that the victim was locked at the victim’s bet the victim’s bet the victim’s bet the victim’s bet the victim’s bet the victim’s bet the victim’s bet the victim’s bet the victim’s bet the victim’s bet the victim’s bet the victim’s bet the victim’s bet the victim’s bet the victim’s bet the victim’s bet the victim’s body, i.e., the victim’s bet the victim’s bet the victim’s bet the victim’s bet the victim’s body, i.e., how the victim was able to do so., the victim’s bet the victim’s bet the victim’s bet the victim’s bet the victim’s body and the victim’s bet the victim’s bet.

3. Intimidation.

On September 13, 2018, at around 01:20, the Defendant sent e-mail to the “J” that, in the process of fighting the victim’s residence, as described in paragraph (2), and assaulting the victim, the victim sent the victim’s face to her bit of bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a

At around 02:04 on the same day, the defendant continuously transmitted a sexual dynamic image with 30 seconds of the victim's residence to the victim with 'L', and around 02:18, the defendant drinked the victim's living in the above underground parking lot and sent a sexual dynamic image with 8 seconds of the victim with 'L' from the above underground parking lot to 'L' in the above underground parking lot. At around 02:23, the defendant sent a sexual dynamic image to the victim.

As a result, the defendant, who caused the victim's face, threatened the victim with sexually related dynamic images by giving them to inform the media of such images.

4. Compelling;

On September 13, 2018, at around 02:18, the Defendant threatened the victim as described in paragraph 3, and around 02:02:18, the Defendant explained the victim of the above underground parking lot that "on the other hand, the representative of the widther, and the above H1 that kneel kel kel kel kel kel kel kel kelel kel kel kel kel kel kel kel kel kel kel kel kel kel kel kel kel kel kel kel kel kel kel kel kel kel kel kel kel kel kel kel kel kel kel kel kn, the Defendant sent the victim of the above underground parking lot to the above H immediately request the above H to do so at around 02:25.

Accordingly, the defendant threatened the victim to commit an act of non-performance of obligation.

Summary of Evidence

1. Each legal statement of witness G, I, and H in part;

1. Examination protocol of the accused by prosecution;

1. Each statement made by the police officer of I, H,O, P, Q, and R;

1. A written statement of S;

1. The police seizure record and the list of seizure;

1. Investigation report (in-depth CCTV image analysis, CCTV confirmation on the site where the incident occurred, telephone conversations for witnesses, etc., reorganization of cases by time order, victims of damage to property, etc.);

1. Materials output of the result of digital sirens from the victim's rescue intensity, J Articles, J-based mail (Ij), black mail, quotation, A Aopphone X, Noon X, Nompt, and USB;

1. Photographss, A's photograph, victim's portrait, victim's portrait photograph, each L conversation, time picture, screen photograph, screen picture of dynamic image, photograph of each photograph, Defendant's cell phone, U mobile phone name photograph, H mobile phone name photograph, U mobile phone name photograph, each picture, text photograph, file characteristics, file image, etc., and photograph of victim's CCTV image to capture;

1. The CD or digital siren analysis product external hump;

1. A medical certificate of injury, written opinion, and written confirmation of hospitalization;

Application of Statutes

1. Article applicable to criminal facts;

Article 257(1) of the Criminal Act (the point of injury), Article 324(1) of the Criminal Act (the point of coercion), Article 283(1) of the Criminal Act (the point of intimidation), Article 366 of the Criminal Act (the point of causing bodily harm), Article 366 of the Criminal Act, the choice of imprisonment

1. Aggravation for concurrent crimes;

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

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

Judgment on the defendant and his defense counsel's assertion

1. Part concerning the crime of injury

A. At the time of the instant case, the Defendant asserts that the part of the victim’s bridge was shouldered by a string, exceeded her head debt, and did not have any supporting her body, and that there was no her air condition. Rather, the Defendant merely exercised her tangible force in the passive form of suppressing the victim as a means of protecting himself/herself from violence, and that it does not actively attack the victim, thereby constituting self-defense.

나. 이 법원에서 적법하게 채택하여 조사한 증거들에 의하면, 피고인과 피해자가 연인 관계로 지내던 중 서로가 만나는 고객이나 업무관계자를 이성인 것으로 의심하고 그 사람들과의 관계를 정리하라고 요구하거나 누구를 만나는지를 즉시 알리거나 보고하도록 요구하는 등 상호간섭과 의심이 누적되어(특히 피고인이 피해자가 H과 연인관계인 것으로 의심한 것으로 보인다), 피해자가 다른 곳으로 이사할 즈음 피고인이 먼저 피해자에게 헤어지자고 이별을 통보하고 술을 마신 채 자신의 짐을 가지러 피해자의 주거지로 왔다가 잠을 자고 있는 피해자를 발견하고 발로 피해자의 다리 부위를 차 깨우고 잠에서 깬 피해자와 서로 상대방의 행동과 처신에 대한 문제점을 지적하다가 심한 욕설로 이어지고 급기야는 격렬하게 몸싸움을 하게 된 것으로 보이는 점, 당시 출동한 경찰관이 촬영 한 현장사진에 의하더라도 피해자의 손목, 팔, 다리 등에 갓 생긴 빨간 멍자국이 선명하게 나타나고, 피고인이 불태운 피해자 작성의 이별편지, 부서진 공기청정기, 흐트러진 침대 이불 밑 카펫 등이 보이며, 피고인도 피해자로부터 얼굴과 목, 팔 등을 심하게 할퀸 것으로 보여 피고인도 단순히 방어만 한 것으로는 보이지 않는 점 등을 종합하면, 피고인이 피해자의 공격을 방어하거나 제압하는 차원을 넘어 피해자에게 폭력을 휘둘러 경추 염좌 등의 상해를 입힌 것으로 판단되므로, 이 부분 범행 피고인의 범행 부인 주장과 정당방위 주장은 모두 받아들이지 아니한다.

2. Part of the crime of intimidation

A. The Defendant asserts that the Defendant was trying to inform the J of the fact that he was not a sexually related dynamic image, but a body photographed from the victim, and that there was no intent to threaten the victim at the time, and even if not, it was merely a intimidation used as a means of coercion, and thus did not constitute a separate crime of intimidation.

B. According to the evidence duly adopted and examined by this court, the defendant found the face of the inner room and toilet around 01:20 on September 13, 2018, and sent the victim with the first metre that "I am late after the late, I am sent sexually related video to L two times on the same day, and "I am off at the next J at around 04:20 on the same day. I do not now send the second metre. I do not say that I do not want to give any photograph or video immediately at this time. I do not am knee the victim's face, not the victim's sexual image but the victim's sexual intercourse. In full view of this, the defendant's act of notifying the J is judged to be urgent, and the defendant's face will not be reported to the victim's face, and the defendant's sexual entertainment will not be reported to the victim's face, and the defendant's face will not be reported to the victim's face.

3. The part concerning coercion

A. The Defendant asserts that the victim was not obligated to act by threatening the victim, only because the victim did not manage the victim on his face, in a caric book, after confirming the victim’s face, and knee-knee-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne

B. According to the evidence duly adopted and examined by this court, the defendant sent one-lane e-mail to J at the victim's location and sent the victim a sexually related video on two occasions at the victim's location, and requested the victim to assist in sending the sexually related video sent by the defendant to the male representative M, it is reasonable to view that the defendant requested the victim's representative and H to explain his own portrait and let him kel kel kel elel elel elel elel elel elel elel elel elel elel elel elel elel elel. The victim requested the victim's representative and H to leave the above two persons el elel el elel elel elel elel elel elel. In the absence of the defendant's order to pay 15 days after the victim's call, and the victim did not have any reason for the victim's sexual intercourse with the victim at night.

Reasons for sentencing

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to ten years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) A crime under paragraph (1) (Bodily Injury);

[Determination on Type 1] General Bodily Injury (Type 1)

[No person who has any special sentencing factor]

[Scope of Recommendation and Recommendation] Basic Field, Imprisonment from April to June 1.

(b) Coercivement)

[Determination of Type] Obstruction of Obstruction of Exercise of Rights (No. 1) General coercion

【No Special Convicted Person】

[The scope of recommendations and recommendations] Basic Field, 6 months of imprisonment to 1 year

(c) Three crimes (Intimidation).

[Determination of Type] 04. Intimidations [Type 1] General Intimidation

【No Special Convicted Person】

[Recommendation and Scope of Recommendations] Basic Field, Imprisonment from 2 months to 1 years

(d) Scope of recommendations according to the standards for handling multiple crimes: Six months to two years (the first crime + the upper limit of the second crime + the 1/2 + the upper limit of the third crime).

3. Determination of sentence: Imprisonment with prison labor for one and half years; and

The Defendant assaulted the victim in the course of hedging with the victim who was a knee and inflicted an injury on the victim, and when the victim was faced with the face, etc., threatened the victim with the sexually related dynamic image between the victim by informing the victim of the sexually related dynamic image to J to stop the victim's life, and forced the victim to knee kel kel kel kel kel kel, the victim's representative and the victim's entertainment field, and to explain the situation in which the victim did not talk properly while drinking together with the above Ha, etc. As such, the motive, circumstance, method, appearance, etc. of the crime of this case is very not good, and the victim, a female artist, due to the crime of this case, appears to have suffered serious mental distress.

However, there is no history of criminal punishment for the defendant, and the defendant committed a part of the crime, and there is a reply against the defendant. In this case, the defendant pointed out each other's in the process of hedging with the victim who was a person who was a person of his sexual intercourse with the victim, and took a hump and her face, hum, arms, etc. into hump and forced the victim to threaten the victim by contingency and do not perform any act without any obligation, and some of the circumstances of the crime are considered. The sexual hume between the defendant and the victim do not take a hume, but they do not take a sexual hume of the victim's own photograph, and the defendant did not request the victim to demand the victim to pay money or to stimulate sexual humiliation by taking advantage of sexually related images, and the degree of injury suffered by the victim is somewhat favorable for the defendant.

In full view of these circumstances and other factors of sentencing as indicated in the instant case, such as the Defendant’s age, health status, family relationship, character and conduct, circumstances after the commission of the crime, etc., the punishment shall be determined as ordered.

The acquittal portion

1. Summary of the facts charged

On August 27, 2018, at around 20:03, the Defendant taken the body of the victim, who could cause sexual humiliation or shame, by taking six-time photographs of the victim, such as the victim, etc. who puts his body in a bath body in a physical condition using the camera function of the Gaphone X, and the part of the bridge such as buckbucks, etc., which may cause sexual humiliation or shame.

2. Defendant's assertion;

The defendant asserts that the defendant does not take the body of the victim against the victim's will, but does not constitute a crime because he does not take the body of the person who may cause sexual humiliation or shame.

3. Determination

A. According to the evidence duly adopted and examined by this court, the following facts and circumstances are as follows: ① Defendant and the victim traveled at WL LV in Gyeonggi-gun on August 27, 2018 at a certain period of 2018, and the Defendant completed swimming and sprinking at around 20:03 on the first day of the trip, and taken six photographs of the victim’s rear sprinking, and six photographs were sent to the victim’s body, including bucking parts, such as the victim’s transition condition, etc. The six photographs were sent to the victim’s body. Of them, one of the two photographs was sent to the victim’s body, and the other photographs were also recognized as being a considerable part of the victim’s body, and the remainder is not considered as having caused sexual humiliation or shameing, and the victim’s body body body cannot be seen as having been removed from the victim’s body body.

B. Meanwhile, the following facts and circumstances acknowledged by the Defendant’s statement and evidence duly adopted and examined by this court, namely, ① the Defendant contributed to the program “X” with the victim on June 2018, and became aware of the victim, ② the victim sent his/her message to the Defendant through U and her first time, and the victim started teaching out from the police officer on July 21, 2018. ③ The victim was able to get out of the Defendant’s place of residence in his/her place of residence, and the victim did not appear to have been able to live together with the Defendant’s cell phone on his/her own because it was difficult for him/her to have his/her cell phone removed from the victim’s cell phone without the victim’s consent, and (4) the Defendant and the victim did not have a sexual intercourse with the Defendant on his/her own before and after the victim’s place of residence in Gangnam-gu at the time of posting the victim’s cell phone, and (5) the victim did not have a sexual intercourse with the Defendant on the front of 27th day.

3. Conclusion

Therefore, since the part of the charge of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes among the charged facts in the instant case constitutes a case where there is no proof of criminal facts, it shall be pronounced not guilty in accordance with the latter part of Article 325 of the Criminal Procedure Act, and it shall be decided as per Disposition without publicly announcing the summary of the judgment of not guilty in accordance with the proviso of Article

Judges Oduk-sik

1) A person operating N, an advertising company, seems to have known the victim from the time when the victim started the entertainment business.