Assault and Threats Against Mistress...Judge Rules "Adulterous Couple Also Responsible"

"Faked a 'minor collision' then entered home to assault and threaten"
Court: "An expression of anger over infidelity"
"Husband and mistress bear heavy responsibility too"

Busan District Court building. [Source=Yonhap News]

A woman in her 40s who assaulted and threatened her husband's mistress, with whom he had an ongoing affair, was sentenced to probation.

According to the legal community on the 7th, Judge Ahn Hyun-jung of the Criminal Division 6 at the Busan District Court Seobu Branch sentenced Ms. A, who was indicted on charges of joint threats, joint assault, and joint trespassing, to four months in prison with one year of probation. Family members B and C, who were tried together, were sentenced to four months in prison with one year of probation and six months in prison with one year of probation, respectively.

On June 8 of last year, the three visited the home of Ms. D, the mistress, after catching her husband in the act of infidelity and seeking accountability. When Ms. D opened the front door upon hearing that "a vehicle collision accident occurred," the three entered the house, grabbed Ms. D by the hair, and knocked her to the floor. They were prosecuted for repeatedly hitting her face and head and threatening to kill Ms. D's pet cat using a weapon.

The first-instance court acquitted the defendants of the charge of threatening with a weapon due to insufficient evidence but found them guilty of most charges including trespassing, threats, and assault. However, Judge Ahn explained the sentencing by stating, "Ms. A is a first-time offender with no prior criminal record and is raising two minor children alone," and "this was an expression of anger over Ms. D's infidelity that destroyed the family, as well as an incident that occurred in the process of exercising the right to claim damages from the adulterer."

Furthermore, the court criticized the husband and the victim (the mistress), stating, "The husband and the victim, who continued the affair, bear significant responsibility for the occurrence and escalation of this incident." Judge Ahn added, "Despite knowing that Ms. A and her husband have two minor children, the victim's responsibility is also considerable for continuing the affair," and explained, "Nevertheless, until the trial, the victim has never apologized to Ms. A and has shown an attitude that only her pet cat matters, claiming she did nothing wrong."