BTS Jungkook Home Password Incident, Surprise Kiss on Jin... Japanese Lawyer Says "Punishment Possible" for Japanese Women
"Sudden Kiss Could Also Constitute Forcible Molestation Under Japanese Law"
"Attempted Housebreaking Charge Applies Even Without Actual Entry"
As police are investigating an attempted break-in at BTS member Jungkook's home by a Japanese woman, a Japanese lawyer has assessed that there is a high possibility the woman will be punished for trespassing. On the 19th, Japanese legal media outlet Bengoshi.com News reported, citing the opinion of attorney Masahiro Ogura, that the Japanese woman in her 50s, referred to as Ms. A, who is suspected of attempted trespassing, could be prosecuted under Korea's criminal law for "attempted housebreaking."
Earlier on the 19th, the Yongsan Police Station in Seoul announced that they were conducting a preliminary investigation into Ms. A, a Japanese woman in her 50s, on suspicion of attempted housebreaking. Ms. A is accused of repeatedly pressing the lock on Jungkook's front door between the 12th and 14th. The police plan to clarify the facts through a victim interview first.
Regarding this matter, attorney Ogura stated that even if Ms. A pressed the password to Jungkook's home but was unable to actually enter the residence, if this is true, the charge of "attempted housebreaking" could still apply. He emphasized that, as in Japanese criminal law, Korean criminal law has specific provisions for attempts, and thus Ms. A could be prosecuted under Article 29 of the Korean Criminal Act.
Additionally, attorney Ogura commented on Ms. B, a woman in her 50s who suddenly kissed BTS member Jin. The previous day, Japanese private broadcaster TBS News reported that Japanese woman Ms. A, who is accused of forcible molestation, had been indicted in Korea, and that Ms. A had stated, "I feel wronged (or frustrated; 悔しい). I never thought this would be considered a crime."
In response, attorney Ogura explained, "No matter how much she claims she didn't know it was a crime, in this case, it is difficult to see any justifiable reason for her misunderstanding, so as a matter of principle, the charge of forcible molestation under Korean criminal law is likely to be established." He added that, citing Article 16 of the Korean Criminal Act, the woman's statement is unlikely to be considered a reason for exemption from criminal liability.
At the 'Freehug' fan meeting event held in June at Jamsil Indoor Gymnasium in Songpa-gu, Seoul, Mr. A forcibly kisses BTS Jin on the cheek. Online community
View original imageHe further analyzed that, under Japanese criminal law as well, this woman's statement would not be accepted as grounds for acquittal or mitigation. Article 38, Paragraph 3 of the Japanese Criminal Act states, "Even if a person did not know the law, it cannot be said that they did not have the intention to commit the crime for that reason. However, if there are extenuating circumstances, the punishment may be reduced."
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Attorney Ogura explained, based on this provision, that the woman's claim of "I never thought this would be a crime" would not be accepted. He further clarified that the "extenuating circumstances" referred to in this provision mean "cases where there is a reasonable ground for not recognizing the act as wrongful," and since it appears she was aware that she kissed Jin on the cheek without his consent, mitigation on the basis of extenuating circumstances is unlikely.
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