Sentenced to Prison: 30s Threatened with Secretly Filmed 'Illegal Footage' After Breakup Talk

[Asia Economy Reporter Kim Daehyun] A man in his 30s who threatened his ex by sending past sexual activity photos after being notified of a breakup was sentenced to prison again in the appellate court.

According to the court on the 23rd, the Seoul High Court Criminal Division 12-2 (Presiding Judge Jin Hyunmin) sentenced Mr. A, who was indicted for violating the Sexual Violence Punishment Act, to one year in prison and ordered him to complete 40 hours of a sexual violence treatment program.

The appellate court stated, "The defendant has apologized to the victim and deeply reflected on his wrongdoing, and has deposited a considerable amount of money as a settlement to make efforts to restore the damage," but added, "On the other hand, the victim has complained that during the trial process, the defendant’s side unilaterally sent a notice saying 'the settlement money has been deposited, so go and collect it,' causing even more serious harm, and repeatedly expressed no intention to settle, pleading for severe punishment."

Earlier, Mr. A was brought to trial on charges of threatening by sending photos of sexual acts taken without consent in the past via social networking service (SNS) messenger after his long-time partner Ms. B told him not to contact her anymore following their breakup. It was investigated that he sent about three photos along with a message saying, "You brought this on yourself. If you hadn’t blocked me on SNS..."

Mr. A’s lawyer initially stated during the trial, "He sent the messages to get attention, hoping to talk to Ms. B, not intending to threaten her." He also requested the court to make a cautious judgment, saying, "The related law was enacted not long ago."

The charge applied to Mr. A is Article 14-3 of the Sexual Violence Punishment Act, 'Threatening by Using Recorded Materials.' It was newly established after the 2019 'Telegram Nth Room' case. This law stipulates that "anyone who threatens using recorded materials or copies that may cause sexual desire or shame shall be punished by imprisonment for at least one year." The 'Coercion by Using Recorded Materials' crime carries a sentence of at least three years in prison, with harsher penalties for repeat offenders. Previously, only the Criminal Act could be applied, but now the Sexual Violence Punishment Act allows for heavier punishment.

The first trial sentenced Mr. A to one year in prison. At that time, the court stated, "The victim suffered extreme sexual discomfort, anxiety, and fear due to the defendant’s crime and received neurological treatment, pleading for severe punishment," but also "considered that the defendant reflected on his wrongdoing, made efforts to restore the damage, and is a first-time offender, and that the victim’s photos were not leaked externally."

The second trial also upheld this judgment and dismissed Mr. A’s appeal. Since Mr. A did not file a further appeal, this ruling became final.