Ex-girlfriend of 26-year-old male idol who dated was also sentenced to sexual violence treatment class and employment restriction
An ex-girlfriend who dated a male idol was sent to trial on charges of blackmailing him using a sex tape and was sentenced to one year in prison and two years of probation. In this case, the perpetrator was revealed to have taken advantage of the characteristics of male idols by threatening to stop the victim's entertainment activities by saying, "Quit being an idol, the only way out is the military."
The 12th Criminal Division of the Seoul Eastern District Court (Presiding Judge Lee Jeong-hyeong) sentenced Ms. A, who was indicted on charges of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Threat Using Filming Materials, etc.) and property damage, to one year in prison and two years of probation. The court also ordered Mr. A to attend 40 hours of sexual violence treatment classes and restricted him from working at institutions related to children and adolescents and institutions related to the disabled for four years.
According to the verdict, Ms. A was in a romantic relationship with victim Mr. B (26 years old), a male idol, for approximately 1 year and 4 months from around November 2020 to around March 2022. However, after the relationship ended, Ms. A began to blackmail the victim using a video of them having sex that he had filmed while they were dating.
The first threat was made at approximately 1:47 p.m. on December 10, 2021. Person A created a Twitter account using a photo of the victim's face, and sent the victim the link to the account via text message. At that time, Person A sent a video of the two having sex along with the message, "You should quit being an idol. Your only path now seems to be the military. ○○, sue me." This was a threat that took advantage of the fact that male idols are restricted from working in the entertainment industry due to mandatory military service, and was precisely targeting the victim's occupational characteristics.
The second threat occurred about a month later, at approximately 4:16 PM on January 4, 2022. Person A sent a text message to the victim saying, "I'll upload all our pictures and tag you. Okay? If you're not going to talk to me, I'll just leave. I'll sue you. Got it? I'll make an account and upload all our pictures and videos. Tag you. Answer me, XX, so don't answer my calls and send me KakaoTalk messages and leave the group." This was a direct threat to release videos and photos of sex relations on social media, and could be a fatal threat to a public figure, such as an idol.
Ms. A's crimes did not stop there. At around 6:39 PM on December 31, 2021, while arguing with the victim on a road in Buk-gu, Gwangju, she threw and damaged the victim's cell phone. This caused damage to the cell phone that required repair costs.
The court noted the special nature of this case during the sentencing process. The court ruled, "Each crime in this case was committed by the defendant, who was in a romantic relationship with the victim, and threatening to block the victim's future by distributing a video of the sexual intercourse filmed during the relationship," and "The crime is not light." In particular, the seriousness of the crime was enhanced by the fact that the victim's occupation as an idol made the threat of distributing a video of the sexual intercourse even more fatal.
The victim was found to have suffered considerable mental distress due to this incident. The court acknowledged, "The victim appears to have felt considerable mental distress at the time, including feelings of betrayal, anxiety, shame, and discomfort." It is presumed that the victim suffered a greater psychological blow than the average person due to his special professional status as a celebrity.
However, the court also considered several mitigating factors. The fact that Ms. A fully admitted to the crime in court and showed remorse, that he reached an amicable agreement with the victim and that the victim withdrew the complaint, expressing his intention not to be punished, etc. were taken into consideration. In addition, the fact that Ms. A did not actually distribute the footage to others but voluntarily deleted it, and that he was a first-time offender with no criminal record were also reflected in the sentencing.
The recommended sentence range according to the sentencing guidelines was 1 year to 1 year and 9 months in prison, but the court ultimately sentenced him to 1 year in prison and 2 years of probation. In addition, the court ordered him to attend 40 hours of sexual violence treatment classes to prevent repeat offenses, and restricted him from working at child and youth-related organizations and disabled-related organizations for 4 years each.
Meanwhile, the court exempted Ms. A from the order to disclose personal information and the order to notify. This is because it was difficult to determine whether he had a habit of sexual violence or a risk of repeat offenses as he was a first-time offender, and it was judged that the effect of preventing repeat offenses could be achieved through registering personal information, ordering him to attend classes, and ordering him to restrict his employment.
