"Husband Illegally Detains and Films Unfaithful Wife, Demanding 'Unlock Your Phone...' Receives Harsher Sentence in Second Trial"

[Image source=Yonhap News]

[Asia Economy Reporter Kim Daehyun] A man who was charged with confining, threatening, and injuring his common-law wife after witnessing her infidelity has been sentenced to a suspended prison term.

According to the legal community on the 2nd, the Seoul High Court Criminal Division 11 (Presiding Judge Yoon Kyung-ah) sentenced Mr. A, who was charged with confinement causing injury and violations of the Sexual Violence Punishment Act (using a camera for filming and distribution), to 2 years in prison with a 3-year suspension, which is a slightly heavier sentence than the original trial. He was also ordered to complete a 40-hour sexual violence treatment program.

The court found all charges against Mr. A to be guilty. It stated, "The defendant confined the victim and inflicted violence, causing injuries severe enough to impair daily functioning and health." However, "there are mitigating factors such as the defendant voluntarily releasing the victim from confinement and the circumstances and motives leading to the crime." Since neither Mr. A nor the prosecution appealed after the appellate court ruling, this judgment has been finalized as is.

Earlier, on the night of May 26, 2020, around 11 p.m., Mr. A witnessed his common-law wife, Ms. B (47, female), kissing another man in front of a residence in Songpa-gu, Seoul. He then dragged Ms. B inside and confined her until 10 a.m. the next day, during which he threatened and assaulted her, leading to prosecution.

At that time, Mr. A was investigated for demanding, "Unlock your phone. If you don't tell the truth, I will prevent you from working. I will cut all your hair with scissors," and threatening to distribute seven nude photos he took of Ms. B, while interrogating her phone usage records. Ms. B was found to have sustained injuries requiring approximately 14 days of medical treatment due to these harsh acts.

In the appellate court, Mr. A’s side admitted most of the facts but argued, "The injuries the victim sustained can heal naturally, so they should not be considered injuries under criminal law." Mr. A made a final statement, saying, "If the victim had not assaulted me or behaved shamefully, this would not have happened. In any case, I regret and repent."

The first trial sentenced Mr. A to 1 year and 6 months in prison with a 3-year suspension. At that time, the court pointed out, "The defendant subjected the victim to harsh treatment by preventing her from leaving for a long time and threatened to distribute nude photos to shame her, which is a serious offense." However, the court ruled that the evidence submitted by the prosecution was insufficient to convict Mr. A of confinement causing injury.