新婚初日の韓国人夫、タイ人の妻に強姦罪で訴えられる
Korean husband on their first day of marriage is accused of rape by his Thai wife
On March 8, 2022, Ms. A, a Thai woman in her 20s, set foot on South Korean soil. The plan was to set up a new home with Mr. B, a Korean man in his 50s.
The two were introduced through an international marriage agency in July of the previous year and filed their marriage registration in September.
It's the relationship. Two months later, the two met for the first time in Thailand and went on a four-night, five-day trip. Meanwhile, due to the COVID-19 virus infection and visa issuance issues, we may have to spend a long time apart.
On this day in 2022, Mr. A will enter South Korea and meet again. The next day, the couple had sex, but the wife, Mr. A, immediately reported that she had been raped. On the other hand, Mr. B
He claimed that the sexual relationship was consensual. Mr. B was accused of attempted rape three days later, on March 12, but Mr. B claimed that he had not acted coercively.
Ms. A gave the recording of the incident to the Migrant Women's Center, and the center's counselor reported it to the police, leading to prosecution.
Ta. The prosecutor's office asked the court to sentence Mr. B to three years in prison, and to order him to disclose personal information and restrict his employment. In response, Mr. B's side said, ``I am an ordinary Korean groom who assaults and speaks ill of my wife.''
I never said that. "I did not force my wife to have sex with me on the day she refused," he said, pleading not guilty. In addition, ``Mr.
has completely changed," he said. Mr. A's side said, ``Prior to February last year, before he obtained his Korean visa, Mr. A told Mr. B 'I love you' in Hangul on a messenger app and sent emoticons.
"We had a conversation just like any other lover would," she said, "However, after I was issued a visa, my replies became shorter, and my attitude suddenly changed, saying things like, 'Speak English,' and saying, 'I don't like men who talk a lot.'" Emphasis
did. The prosecutor's office stated, ``Mr. B spoke in a coercive tone, giving orders, and Mr. A, who had no ties to South Korea, committed the crime while in isolation due to the COVID-19 virus.'' Strongly resistant to
"It would have been difficult for them to show strong opposition because they could have been forced to leave if they did."
In the trial with public participation, all jurors made it clear that they intended to vote not guilty.
The court also stated, ``In this case, it can be acknowledged to some extent that Mr. B forced Mr. A into a sexual relationship in a somewhat coercive manner.'' However, ``However, as shown in Mr. A's statement, Mr. B did not use abusive language or did not resist.'' Possible
"It is difficult to believe that the statement that she was raped after being subjected to various forms of assault and intimidation is difficult to believe." At the same time, ``Even if the sexual relationship occurred through a somewhat coercive method, as Mr. A alleges, the Supreme Court ruled that
It is difficult to see that this has reached the level of essentially infringing on a spouse's right to sexual self-determination. On the other hand, in 2013, a full panel of the Supreme Court stated that forced sexual relations are not enforced even between husband and wife.
There is a history of the court ruling that it can be punished as adultery. At the time, the Supreme Court protected a wife's right to sexual self-determination, but with regard to the extent of her husband's assault and intimidation, it stated,
"The decision must be made carefully, taking into consideration the circumstances surrounding the sexual relationship, the circumstances surrounding the marriage, daily activities during the marriage, and the circumstances surrounding the sexual relationship."
2024/03/08 10:00 KST
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