A male livestreamer in his 30s who sexually assaulted an unconscious woman and broadcast the act in real time has had his sentence reduced on appeal to five years in prison.
On November 14, the Seoul High Court’s Criminal Division 11-3 (Presiding Judges Park Young Joo, Park Jae Woo, and Jung Moon Kyung) overturned the lower court’s ruling of eight years in prison for a defendant identified as 'Kim,' who was charged with quasi-indecent assault and other related offenses. The appellate court sentenced him to five years in prison. Kim was also ordered to comply with a seven-year employment ban at institutions involving children, teenagers, and people with disabilities, as well as three years of probation following the completion of his sentence.
Kim was indicted last year for sexually assaulting an unconscious woman while approximately 200 viewers were tuned in to his livestream. The victim was reportedly incapacitated after consuming alcohol and taking a sleep-inducing medication. During the investigation, police also discovered allegations suggesting Kim had committed a similar sexual offense against another woman.
The district court initially found that Kim committed the crime for profit, ruling that he staged the act to generate income through provocative content. However, the appellate court rejected that interpretation. “Even if revenue was generated from this broadcast, it does not directly go to the defendant,” the judges stated, adding that there was insufficient evidence to conclude Kim gained a direct financial benefit.
The court also noted that one of the victims expressed that she did not wish to see Kim punished, a factor that was taken into consideration during sentencing.
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