"Why are you filming my body?" Assault during 'Habitual Unauthorized Parking' Recording [Seocho-dong Legal Story]

20s Hit by 50s Manager with Cellphone
"Self-Defense Against Illegal Filming" Claim
1st Trial: "Wrongful Sexual Behavior Must Be Corrected"
Suspended Prison Sentence Given

On May 18 last year, a verbal dispute occurred between a 50-year-old manager, Mr. A (55), and Ms. B (22, female) in the underground parking lot of a building in Gangnam-gu, Seoul, over a 'parking dispute.'

Mr. A had been posting warning notices on vehicles belonging to outsiders who frequently parked there, even though they were not residents, for about a month. The driver of these vehicles was Ms. B. On the day of the incident, when Ms. B's car was parked again, Mr. A called her to confront her, and emotions escalated as Ms. B returned and tried to move her car.

The photo is unrelated to the article content. [Image source=Pixabay]

While reversing her vehicle, Ms. B noticed that Mr. A was filming her with his cellphone. She got out of the car and took the phone from him. Although Mr. A asked for it back, Ms. B refused, and a physical struggle ensued. During this, Ms. B struck Mr. A's forehead with the cellphone, and Mr. A hit Ms. B's face. Mr. A suffered bleeding from his forehead and had to be hospitalized for two weeks.

The investigative authorities judged that 'Ms. B injured a person with a dangerous object' (the cellphone) and indicted her on charges of 'special assault.'

In court, Ms. B's side claimed it was 'self-defense against Mr. A's illegal filming.' They argued that Mr. A's filming constituted a sexual violence crime that could cause sexual desire or shame, and that Ms. B struck his forehead with the cellphone to stop it.

According to the legal community on the 7th, Judge Park Byung-gon of the Seoul Central District Court Criminal Division 5, who presided over the first trial, recently stated, "It cannot be seen that the victim (Mr. A) committed an unjust infringement against the defendant (Ms. B), and the defendant's actions cannot be justified," rejecting Ms. B's claim.

The court explained, "The victim was trying to collect evidence in preparation for a legal dispute. The defendant snatched the cellphone immediately after getting out of the car, so the filming time was very short," and "Considering that the victim filmed the entire body without emphasizing specific parts, it cannot be regarded as illegal filming constituting a sexual violence crime."

Ms. B was sentenced to six months in prison with a two-year probation. The court explained the sentencing by saying, "The crime was committed impulsively, and the victim's injury was relatively minor. The defendant has no prior record of punishment beyond fines," and "It is desirable to give the defendant an opportunity to correct her flawed character and behavior in society for a while rather than sending her directly to a correctional facility."

Ms. B appealed the first trial verdict.