"Do You Want to Get Hurt or Die Here?"... Chinese Colleague Sentenced to 4 Years for Attempted Rape Confirmed

[Asia Economy Reporter Kim Daehyun] A Chinese man who threatened a coworker to sexually assault her but failed, and filmed the victim with his cellphone during the incident, was sentenced to four years in prison in the first trial.

According to the legal community on the 17th, the Seoul Central District Court Criminal Division 31 (Chief Judge Jo Seongpil) recently sentenced Chinese national A (41, male) to four years in prison on charges including attempted rape and violation of the Sexual Violence Punishment Act (using a camera for filming and distribution).

Earlier, chef A was prosecuted for attempting to sexually assault his Chinese coworker B (24, female) from midnight to 6 a.m. on February 12 at a building in Namdaemun Market, Jung-gu, Seoul, and for filming B’s neck and shoulders without consent after her clothes were removed.

At the time, A took B to the building’s restroom, strangled her, and said, "Do you want to be raped here or die?" He also dragged her to his lodging and threatened, "If you run away, I will kill you," but the attempts failed repeatedly due to erectile dysfunction, according to the investigation.

In court, A’s side admitted the facts but denied part of the illegal filming charges. They claimed that filming the neck and shoulder areas was to show B her condition and that there was no intention to keep the photos.

Article 14, Paragraph 1 of the current Sexual Violence Punishment Act stipulates that "If a person films another’s body parts that may cause sexual desire or discomfort against their will using a camera, etc., they shall be punished by imprisonment of up to seven years or a fine of up to 50 million won."

However, the court rejected A’s argument, stating, "Regarding Article 14, Paragraph 1 of the Sexual Violence Punishment Act, the purpose of keeping the photos cannot be considered as meeting the requirements."

The court also judged that the neck and shoulders are "body parts that may cause sexual desire or discomfort." It focused on a 2008 Supreme Court precedent that stated, "Whether a person’s body part can cause sexual desire or discomfort should be determined comprehensively considering the victim’s clothing and degree of exposure, the intention of the filmer, and the circumstances."

Furthermore, the court added, "Since the crime lasted about six hours and the victim appears to have suffered significant psychological shock, severe punishment is inevitable. However, consideration was given to the defendant’s confession and apparent remorse."

Meanwhile, A’s side appealed the first trial verdict but withdrew the appeal last month, confirming that the sentence was finalized.

This content was produced with the assistance of AI translation services.