50s fined for ladder break-in and filming wife's affair scene... "Caused shame during divorce lawsuit"
[Asia Economy Yeongnam Reporting Headquarters Reporter Kim Yong-woo] A man in his 50s who raided the scene of his wife's affair and filmed it was fined.
In the first trial, the man, who was in the middle of a divorce lawsuit with his wife, was acquitted of filming with his cellphone, but the second trial found him guilty.
The Ulsan District Court Criminal Division 2 (Chief Judge Hwang Un-seo) announced on the 8th that it sentenced Mr. A, who was on appeal for violating the Act on Special Cases Concerning the Punishment of Sexual Crimes, to a fine of 1 million won and ordered him to complete 40 hours of a sexual violence treatment program.
According to the Ulsan District Court, Mr. A was indicted last August for climbing a ladder and entering through the window of a one-room apartment in Ulsan at dawn, assaulting his wife, Ms. B, and a man, Mr. C, who were inside the room, and filming their bodies with his cellphone.
At the time, Mr. A followed Ms. B after she left home due to marital discord, witnessed Ms. B and Mr. C together wearing only underwear, became enraged, and committed the crime.
The first trial court recognized only the fact that Mr. A broke into the one-room apartment and assaulted the two, causing injury, and sentenced him to a fine of 2 million won, acquitting him of the cellphone filming charge.
The court judged that the filming with the cellphone was intended to confirm the affair scene, and since the filmed scenes did not involve specific body parts, it did not constitute a sexual crime.
There were no scenes in the 5-second video that induced sexual desire or shame, such as sexual acts.
The appellate court made a different judgment.
It considered that Mr. A filmed knowing that the two were only in their underwear, and that Ms. B covered her face with a blanket, feeling shame and fear.
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The court stated, “It is very difficult to conclude that Mr. A’s act of entering the one-room apartment and filming the bodies did not cause sexual shame to the two,” and “considered that Mr. A and Ms. B were in the middle of a divorce lawsuit.”
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