[Seocho-dong Legal Story] Member Cursed for Using 10 Towels in Hotel Sauna

A woman in her 60s was fined again in the appellate court on charges of verbally abusing another member for using too many towels in a luxury hotel sauna. The photo is unrelated to the article content. [Image source=Pixabay]

Victim: Towels are freely provided in the sauna. I never expected to be called a 'crazy person' just because I used many towels in a 'membership-based' facility.

Defendant: I applaud the (false) rhetoric. As a housewife, I realize 'society can be like this. Perfect lies win,' and I have learned a lot.

On the 28th of last month, the final arguments in the appeal trial of 60-year-old woman Ms. A's 'insult' charge case were held in a courtroom on the 4th floor of the Seoul Central District Court. Ms. A was prosecuted for verbally abusing another member, Ms. B, at a membership-based hotel fitness center sauna in Seoul on the evening of October 16, 2020, accusing her of using too many towels.

At that time, Ms. A reportedly said to Ms. B, who was leaving the sauna, "How many towels are you using? You're using 10 towels, 10 towels." When their eyes met, she allegedly called her a "crazy person."

Ms. A completely denied the charges. During the trial, Ms. A's side argued, "There was no verbal abuse at all," and claimed that Ms. B was making extreme claims to have Ms. A expelled from the membership. Regarding the witness who testified for Ms. B, Ms. A also argued that "since the witness is close to Ms. B, their testimony cannot be trusted."

The first trial sentenced Ms. A to a fine of 2 million won. The court stated, "It is clear that the victim reported to the staff that she was verbally abused," and "The testimonies of the victim and witnesses about the incident are consistent in main parts and credible considering the circumstances at the time."

Ms. A appealed the first trial's verdict. The hotel manager who appeared in the appeal court at Ms. A's request testified, "After the incident, the hotel conducted interviews with Ms. A, Ms. B, and witnesses," and "Ms. B and the witnesses demanded Ms. A's withdrawal, saying, 'Why didn't the hotel take quick action and instead neglected the matter even after several days?'"

At the last hearing of the appeal trial, Ms. B, as the victim, was given the opportunity to speak and said, "I always thought of the defendant when I saw various news about abuse of power. Even in a verified hotel fitness center, such insults occur, so I wonder how the defendant treats others normally." She added, "If there had been an apology, I would have withdrawn the complaint, but the defendant showed no remorse."

Ms. A's lawyer countered, "We cannot prove or apologize for something that did not happen," and requested, "Please consider the injustice and acquit her." Ms. A said, "(Ms. B) even brought up a 'fake witness,' but no one can deceive their own conscience," and described Ms. B, a professional, as "a robot who has only acquired knowledge but not intellect, lacking emotion and character."

According to the court on the 27th, the Seoul Central District Court Criminal Appeal Division 2 (Presiding Judge Park Nosu) recently dismissed Ms. A's appeal and upheld the first trial's judgment. The appellate court stated, "It appears that the witness for the victim exaggerated some parts of the testimony," but "the fact that the defendant spoke loudly enough for the victim to hear, as stated in the indictment, cannot be denied in terms of credibility." It also considered that Ms. A changed her statement from "I did not speak at all, only looked at Ms. B, including talking to myself" in the first trial to "I did talk to myself" in the appeal.

Furthermore, the court added, "Considering the victim showed significant psychological shock, the defendant's words can be objectively seen as insulting," and "The public nature of the remarks (being in a state where an unspecified or multiple people can perceive them) and intent are also recognized."