This image is unrelated to the article. [Getty Images Bank]
This image is unrelated to the article. [Getty Images Bank]

The former head of an adult photo shoot production company, who had been sentenced to 10 years in prison on charges of raping and illegally filming models, was acquitted of most charges on appeal and released on a suspended sentence.

The First Criminal Division of the Seoul High Court's Incheon branch, presided over by Judge Jeong Seung-gyu, overturned the original sentence Wednesday and sentenced the former head, identified only as A, 51, to two years and six months in prison, suspended for four years. A had previously been convicted of charges including sexual intercourse with a person under supervision and indecent assault.

The court also overturned the original one-year prison sentence for B, 47, the current head of the production company, who had been indicted alongside A on charges including the production of child and youth sexual exploitation material under the Act on the Protection of Children and Youth from Sexual Abuse. B received a one-year sentence suspended for two years.

The court ordered both men to complete 40 hours of a sexual violence treatment program.

A was charged with raping five models affiliated with his company and sexually assaulting six others at hotels in Bucheon, Gyeonggi Province, between February 2020 and June 2023. He also faces charges of filming sexual exploitation material involving a minor under the pretext of an adult photo shoot test in January 2023 and possessing 11 such videos.

B was charged with producing child sexual exploitation material and filing false police reports against 16 people — including alleged victims — in an attempt to cover up A's sex crimes.

At the first trial last year, A and others denied the charges, claiming a rival company had orchestrated false testimony from the alleged victims to damage their business. The court, however, found most of the charges proven.

The first-instance court determined that A had psychologically manipulated — or "gaslighted" — the models to commit the offenses. "The victims came forward with their #MeToo declarations after long deliberation, prompting the investigation," the court said. "The mental shame and suffering the victims endured was severe, and some have experienced suicidal impulses."

The appeals court reversed the verdict, finding that the victims' testimony — the key evidence — was inconsistent with objective materials or lacked coherence. It acquitted A of all charges except the production and possession of child sexual exploitation material.

"To find a defendant guilty, the facts of the indictment must be proven beyond reasonable doubt," the appeals court said. "In this case, it is difficult to conclude that the charges were proven by testimony alone."

The court also rejected the gaslighting finding from the first trial, saying "some models freely worked on other platforms without exclusive contracts, making it difficult to conclude that the defendant exercised enough influence to restrict the models' decision-making."

The court further noted "numerous instances of behavior that are difficult to regard as typical — such as the alleged victim watching a movie alone with the defendant, recommending acquaintances as models for the company, or seeking advice on sensitive personal matters — both before and after the alleged incidents."

With the rape and indecent assault charges overturned, B's charge of filing false police reports also changed from guilty to not guilty.

However, the appeals court upheld the guilty verdict on charges of producing and possessing sexual exploitation material involving a minor model.

"The videos in question must be regarded as planned and directed by A," the court said, adding that "crimes involving child and youth sexual exploitation material cause serious social harm and must be strictly regulated from the production stage — meaning a guilty verdict stands even without evidence of external distribution."


paq@heraldcorp.com