Japanese lawyer says woman who kissed BTS's Jin won't escape criminal liability

A Japanese woman in her 50s, who was charged with forcible harassment after unexpectedly kissing BTS member Jin, stated that she “never imagined this would be considered a crime.” Her remarks have drawn attention from Japanese legal experts, who have weighed in on the potential legal implications.

According to Japanese legal news outlet Bengoshi.com on November 19, attorney Masahiro Ogura cited Article 16 of the Korean Criminal Code, noting that the woman’s statement is unlikely to exempt her from criminal liability.

Article 16 (Mistake of Law) states that “an act committed under the mistaken belief that it is not illegal shall not be punished only if the mistake is justifiable.”

Ogura explained, “In this case, it is difficult to view her mistake as justifiable. Therefore, under Korean law, the charge of sexual harassment is likely to stand.” He further noted that, under Japanese law, the woman’s claim would also not be accepted as a reason for acquittal or sentence reduction.

Article 38, Paragraph 3 of the Japanese Penal Code specifies that “even if a person is unaware of the law, it cannot be assumed that they did not intend to commit a crime. However, if there are mitigating circumstances, the sentence may be reduced.”

Ogura said this provision indicates that her claim of “I didn’t think it was a crime” would not be accepted. He added that the “mitigating circumstances” mentioned in the law refer to situations where there is a reasonable reason to believe the act was not wrong. Since she knowingly kissed Jin on the cheek without his consent, no sentence reduction is expected.

Earlier, Japan’s private broadcaster TBS News reported that the woman, identified as 'A,' was indicted in South Korea on charges of sexual harassment. Citing investigators, the outlet stated that A expressed regret, saying, “I’m upset. I never imagined this would be considered a crime.”

On November 12, the Seoul Eastern District Prosecutor’s Office formally indicted 'A' without detention.

A is accused of forcibly kissing Jin on the cheek during a fan meeting event called “Free Hug,” held last June at the Jamsil Indoor Gymnasium in Songpa District, Seoul. Following the incident, some of Jin’s fans filed a complaint through the Korean government’s online petition system, requesting an investigation into A for sexual harassment in a crowded public space.