The Supreme Court ruled that a person who threatened a lover by deceiving her for having sex videos cannot be punished for violating the Sexual Violence Punishment Act.
The Supreme Court recently confirmed the lower court's sentence of 30 years in prison for A, who is accused of murder and violating the Stalking Punishment Act.
However, the charges of violating the Sexual Violence Punishment Act were considered innocent and only general threats were admitted.
Mr. A was put on trial in May last year on charges of strangling his lover and threatening to distribute sex videos.
The first and second trials admitted only general intimidation, not the Sexual Violence Punishment Act, saying it is difficult to say that A actually had the video on the charge of threatening to distribute sex videos.
This is because if there was no risk of distribution because the filming did not exist from the beginning, it is difficult to say that even if the victim was threatened, the right to sexual self-determination could be violated.
The prosecution appealed, saying the sexual violence punishment law, which is subject to aggravated punishment, should be applied, but the Supreme Court's judgment was the same.
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