After few years since the client's engagement has broken off, he overcame the pain and started dating the victim. He quickly developed the relationship with the victim who understood his pain well. Since then, the client went on the trip with the victim, and with each other's consent, they decided to take their sex video. Sadly, after dating few more times, they broke up. The client felt miserable and heartbroken. One day, he got drunk more than usual and called the victim saying inappropriate words and threaten the victim with the sex video they took. The victim felt fear and report to the police right after.
The client had to have police interrogation for the first time in his life and so he came to Law-Win office for help.
2. Applicable Law
Act on Special Cases Concerning the Punishment of Sexual Crimes
Article 14-3 (Intimidation or Compulsion by Using Photograph, etc.)
A person who intimidates another person by using photograph or its duplicates (including a duplicate of the duplicate) which may cause sexual desire or shame shall be punished by imprisonment for a limited term of at least one year.
Any person who interferes with the exercise of a person's right by intimidation under paragraph (1) or has the person to the work not obligatory for him/her shall be punished by imprisonment with labor for a limited term of at least three years.
(3) A person who habitually commits a crime specified in Article 1 or 2 shall be punished by aggravating the punishment for such crime by up to 1/2 of the pending punishment thereon.
3. Assistance of the Counsel
Despite of the client and the victim were in a relationship in the past and had a consent to take a video of their sexual intercourse, the fact that the client threatened the victim using the filmed material is difficult for the client to avoid punishment. Immediately after this incident, the client felt guilty and sorry for what he had done, he tried to harm himself. Fortunately, it did not lead to a major accident but he was diagnosed with Myocardial Infarction, Systemic Inflammatory Response Syndrome, and continued taking treatment for depression.
Moreover, since the client had to leave the company if there was a criminal record of 'sentence of more than an imprisonment', Law-Win attorney had to focus more on making settlement with the victim. The client was also deeply reflecting on how he had hurt the victim so he carefully tried to reach a settlement by conveying his sincere apology to the victim.
As the lawyer continued to deliver the client's sincere apology, the victim changed her mind and forgave the client because she was well aware of the client's character. Afterwards, the defense counsel said that the victim did not want the client to be punished so the attorney has requested the prosecutor for suspension of indictment (condition of completing education)
As a result, the prosecutor decided that although the client had no excuse for committing the crime, he deeply reflected on his mistake and the victim did not want to punish the client. A decision was made to suspend the indictment.
5. Significance of the Outcome
Some people think that the cases are pretty clear that lead them no hope for getting assistance and end with giving up their cases. However, no matter how unfavorable the situation may be, it is evaluated as a case that shows like the client in the case that continuous efforts are made in the investigation stage according to the advice of the lawyer, the victim's forgiveness can be obtained and leniency such as suspension of prosecution conditional upon completion of education can be obtained. .
Attorney Song, Ji-young