The Defendant was a part-time elementary school teacher who conducted health examinations for students. After checking the pulse of a student, the Defendant placed his hands inside the student’s clothes and touched her breasts.
The Victim, born a male, identified as a female while growing up and was diagnosed with gender identity disorder. At the age of twenty-four, the Victim underwent a sex-change operation and was diagnosed as a transsexual by a psychiatrist. The Victim had cohabited with a male for ten years and had lived as a female for the past thirty years after the operation. Under Korean law, the victim of the crime of rape must be female. Thus, the central issue of the case pertained to the appropriate standard in determining the legal gender of a rape victim.
Defendant was indicted for photographing a 14-year old girl’s breasts and genitals during video chats under the Act on Special Cases Concerning the Punishment, etc. of Sexual Violence Crimes (Taking Pictures by Using Camera, etc.). The court below found Defendant not guilty because the Victim took the video of herself, which the Defendant then saved to his computer against her will. Therefore, the court below ruled in favor of Defendant on the grounds that filming a video containing images of Victim's body, not her body itself, did not constitute a violation of the Act.
The defendant, who was in his mid-20s, illegally had sex on four occasions with the victim (a 14-year-old middle school student) with a Level Three intellectual disability (which means a weak cognitive capacity and decision-making capacity). He initially met the victim through an online chat room and lied about his age.
Defendant was roaming the street after drinking alone at night. He followed Victim (a 17-year-old girl) getting off the bus and walking alone. Upon nearing a desolated place, Defendant approached the Victim, while wearing and mask, holding both of his arms high to hug her. Sensing someone behind her, the Victim turned around and yelled “What are you doing?” to which the Defendant remained still and stared for a few seconds before retreating.
