Following with refusal creates anxiety
Application of Stalking Punishment Act difficult due to lack of 'repetition'
An army soldier who made an absurd demand to a woman walking down the street to spit on him was sentenced to a fine.
The Ministry of National Defense's 4th Regional Military Court sentenced Army soldier A, stationed in Busan, to a fine of 150,000 won for violating the Minor Offenses Act on the 28th of last month, according to a report by Newsis on the 22nd.
In October of last year, soldier A approached victim B (27), who was on a phone call at an apartment in Busan, and asked, "Do you smoke here? Do you spit when you smoke?"
He then reportedly made sexually harassing remarks, saying, "Could you please spit on me? If that's difficult, could you finish your cigarette and give me the cigarette butt?"
An Army soldier who made an absurd demand for a woman walking down the street to spit on him was fined. The photo is not related to the specific content of the article. Photo by Asia Economy
Even though the victim left the scene and moved toward the crosswalk in front of the apartment, he continued to follow her for about 20 meters, causing her to feel anxious.
A week later, near the playground of the same apartment complex, he approached another woman, C (23), who was walking by, blocked her path, and showed her a note on his phone that read, "I really want to smoke, please spit phlegm on me." He then knelt in front of C and said, "Please spit on my face."
Although victim C moved toward the apartment entrance to avoid him, he continued to follow her for about 5 meters, saying, "Really, no?" and causing her anxiety.
4th Regional Military Court Panel Sentences Soldier A to a Fine of 150,000 Won
The 4th Regional Military Court sentenced soldier A to a fine of 150,000 won. [Photo by Yonhap News]
Soldier A was charged under the Minor Offenses Act for causing anxiety, considering the fear and unease felt by the victims. Although his actions could be considered sexual harassment, the court ruled that there was no "repetition." Under current law, without repetitive behavior, it is difficult to punish under general criminal law or the Stalking Punishment Act.
The 4th Regional Military Court sentenced soldier A to a fine of 150,000 won. If the soldier fails to pay the fine, it was ruled that he will be detained in a labor camp, converting 100,000 won per day.
The court stated, "The defendant's act of asking the victims to spit on him for his personal sexual satisfaction, blocking their paths, and following them to cause anxiety is an unfavorable circumstance."
However, the court added, "The defendant's admission of the charges and the absence of any prior punishments other than juvenile protection measures were considered favorable circumstances. Additionally, various sentencing factors such as the defendant's age, character, environment, motive for the crime, means, and consequences were taken into account in determining the sentence."
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