CONTENTS
- 1. A Shaman Who Committed Extortion, Assault, and Abandonment of a Corpse After Gaslighting
- - The Definition and Dangers of Gaslighting
- - Trends Relating to Gaslighting
- 2. Crimes That May Arise From Gaslighting and the Level of Punishment
- - Types of Crimes That May Arise From Gaslighting
- 3. Points You Must Know When Collecting Evidence of Gaslighting
- - Key Evidence
- 4. Response Strategies a Victim Should Know
- - Response Strategies
- - If You Need the Assistance of an Attorney
1. A Shaman Who Committed Extortion, Assault, and Abandonment of a Corpse After Gaslighting
Some time ago, an incident occurred in which a shaman gaslit a woman in her fifties over several years, extorted money and valuables from her, assaulted her indiscriminately, and then abandoned her body.
The First Criminal Division of the Mokpo Branch of the Gwangju District Court sentenced the shaman, Kim, who was indicted on charges including robbery causing death and abandonment of a corpse, to life imprisonment and ordered five years of probation.
Kim had continuously gaslit the victim and extorted money from her since 2018.
Using his standing as a shaman, Kim demanded several million won from the victim, made her write written pledges, and dominated her psychologically.
When the victim, who was suffering from financial hardship, could not hand over money, Kim directed his accomplices to assault her, causing her death, and then left the body in a passenger car on a vacant lot before continuing to evade capture.
Kim also gaslit his accomplice, Lee, taking 26 million won in escape funds, and even contacted the victim's bereaved family to extract funds from them.
The court accordingly stated its reasons for sentencing, noting that "the defendant has shown no sense of guilt following the victim's death, and it is questionable whether he has any awareness of respect for human beings," and imposed a sentence of life imprisonment.
The Definition and Dangers of Gaslighting
The term gaslighting originated in the 1938 play "Gas Light."
In this work, the husband denies that the brightness of the gas lamps in the house is changing and drives his wife to believe that she is seeing and feeling things incorrectly, thereby dominating her mentally.
After this story became known through a film adaptation, it took hold as an expression referring to the act of deliberately shaking and controlling another person's perception of reality and judgment.
Today, it is used to describe repeated psychological manipulation and control in various relationships, such as those between romantic partners, family members, and coworkers.
Trends Relating to Gaslighting
Gaslighting is not an independent type of crime, but in recent times its influence has been actively examined as part of the background or means of a crime.
The point that the defendant psychologically suppressed the victim over a long period and thereby dominated and manipulated her... (the remainder omitted)
It appears that the victim, out of fear that he might contact her family members, had no choice but to comply with sexual relations, and the defendant's words and conduct, as described in the recited facts of the crime, are sufficient to be assessed as threats to a degree that suppressed the victim's resistance or made it markedly difficult.
In particular, where repeated psychological domination markedly diminishes the victim's capacity for judgment, the courts may, as in the case above, treat this not as a mere relationship conflict but as a factor affecting the establishment of the crime and sentencing.
In practice, in cases accompanied by gaslighting, how the victim's vulnerable condition operated in the offense is treated as significant, and as a result, the scope of criminal liability also tends to be assessed more strictly.
2. Crimes That May Arise From Gaslighting and the Level of Punishment
Not every act of gaslighting leads directly to a crime, but once it crosses certain thresholds, it may become the subject of legal assessment.
Since June 2021, the courts have reflected elements of gaslighting in the sentencing of crimes such as dating violence and domestic violence.
The Cheongju District Court, in a case in which the defendant psychologically manipulated his partner over a period of seven months in a romantic relationship and completely controlled the partner's daily life and conduct, found this to constitute cruel psychological domination, citing such factors as forcing the victim to follow 24 rules and keeping her under constant surveillance, and imposed an actual custodial sentence of three years' imprisonment on charges including assault.
As in the case above, where conduct goes beyond mere words or emotional disputes to distort and dominate another person's capacity for judgment over a long period, and where financial loss, mental suffering, or an infringement of free decision-making arises in that process, such conduct is assessed as gaslighting and evaluated as the motive or means of a crime.
In particular, where such conduct results in property damage or mental harm, gaslighting may be recognized as part of the background of the crime and may have a direct effect on the determination of punishment.
Types of Crimes That May Arise From Gaslighting
1) Where Mental Harm Has Occurred
If gaslighting results in mental harm requiring treatment, such as depression, anxiety disorder, or panic disorder, this may be assessed as the crime of infliction of bodily injury under Article 257 of the Criminal Act.
Infliction of bodily injury may be punished by imprisonment for up to seven years, suspension of qualifications for up to ten years, or a fine of up to 10 million won, and it is the position of the case law that mental harm is also included within an impairment of bodily health.
2) Where Financial Loss Has Occurred
If a person hands over or disposes of property while their capacity for judgment is diminished as a result of gaslighting, the crime of fraud under Article 347 of the Criminal Act may apply, punishable by imprisonment for up to 20 years or a fine of up to 50 million won.
In addition, if money or valuables are extorted from the victim through psychological pressure or domination, extortion under Article 350 of the Criminal Act may be at issue, and if a person in a position of managing property uses it for personal purposes, embezzlement or breach of trust (a Korean criminal property offense whose closest common-law analog is criminal breach of fiduciary duty) under Article 355 of the Criminal Act may be at issue.
Extortion may be punished by imprisonment for up to ten years or a fine of up to 20 million won, and embezzlement or breach of trust by imprisonment for up to five years or a fine of up to 15 million won.
3) Where Physical Harm Has Occurred
If violence or threats accompany the gaslighting, the crime of infliction of bodily injury under Article 257 or assault under Article 260 of the Criminal Act may apply.
If assault is recognized, it may be punished by imprisonment for up to two years, a fine of up to 5 million won, detention, or a minor fine.
If gaslighting results in a homicide, murder under Article 250 of the Criminal Act applies, punishable by death, life imprisonment, or imprisonment for a definite term of at least five years.
4) In the Case of Sexual Crimes Arising From Gaslighting
If a sexual crime arises from gaslighting, it may likewise be punished under the Criminal Act.
A person charged with rape under Article 297 of the Criminal Act may be punished by imprisonment for a definite term of at least three years, and in the case of imitative rape, may be punished by imprisonment for a definite term of at least two years under Article 297-2 of the Criminal Act.
If murder or death resulting from rape or a related offense occurs, under Article 301-2 of the Criminal Act, a person who kills another is punishable by death or life imprisonment, and a person who causes another's death is punishable by life imprisonment or imprisonment for a definite term of at least ten years.
3. Points You Must Know When Collecting Evidence of Gaslighting
Gaslighting is not conduct that manifests outwardly like assault or threats; rather, it often involves psychological domination through repeated words and actions, so victims may have difficulty proving what they experienced with objective evidence.
For gaslighting to be recognized in criminal proceedings as part of the background of a crime or as a sentencing factor, the existence of objective evidence is more important than anything else.
In practice, the courts determine, through evidence, whether there was repeated and structural psychological domination rather than a fragmentary conflict.
Therefore, to assert harm from gaslighting, it is important to secure in advance materials that can show the circumstances at the time.
When collecting such evidence, using methods that unlawfully record without the other party's consent or infringe another person's private information may instead cause problems.
Evidence must therefore be secured only through lawful means, and care should be taken to avoid creating grounds for a legal dispute during the collection process.
Key Evidence
Type of Evidence | Description |
Text and Messenger Records | Expressions that distort judgment or induce guilt, and repeated controlling content |
Call Recordings | Conversation content revealing insults, threats, or emotional manipulation |
Diaries and Memos | Records organizing the circumstances and emotional changes at the time in chronological order |
Medical Records | Materials that can prove mental harm, such as depression and anxiety disorder |
Account and Transaction Records | Objective materials showing that financial loss occurred |
Statements of People Around the Victim | Statements of third parties who know the victim's condition at the time or the structure of the relationship |
4. Response Strategies a Victim Should Know
Because gaslighting is not a crime that is punishable in itself, the direction of a response should be determined based on what result occurred and how that result may be assessed legally.
In particular, if a criminal complaint or a claim for damages is being considered, failing to organize the facts and evidence from the early stages may work to one's disadvantage in later proceedings.
A victim of gaslighting should therefore establish a response strategy that assumes the possibility of developing into a legal dispute.
The core of a response lies in structuring the matter into a form on which a legal assessment can be made.
Response Strategies
1) Organize the Gaslighting Conduct and the Resulting Harm Separately
One should organize, in specific terms, what conduct caused what harm.
It is important to organize this around the results, such as repeated words or actions and the financial loss or mental harm that arose from them.
2) Review the Possibility of a Response Based on the Evidence
One should check whether objective materials, such as texts, messenger records, call records, and account records, have been secured.
Because repetition and continuity are important factors in assessing gaslighting, materials that reveal the overall course of events are needed rather than fragmentary evidence.
Care should be taken, because responding excessively while evidence is insufficient may instead work to one's disadvantage.
3) Determine Whether the Matter Allows a Criminal Complaint
If gaslighting results in a consequence that meets the elements of a crime under the Criminal Act, such as financial loss, coercion, or mental harm, filing a criminal complaint may be considered.
What is important here is not the assertion that one "was gaslit" in itself, but which crime the conduct in question constitutes.
Because whether a complaint can be filed and the applicable procedure differ depending on the type of crime, a legal assessment of each matter must come first.
4) Review the Possibility of a Civil Response to Recover Damages
Separately from criminal liability, one may also claim civil damages, such as consolation money for property damage or mental harm.
Because civil tort liability may be at issue even where criminal liability is not recognized, it is necessary to also consider whether to pursue a civil response from the standpoint of recovering from the harm
If You Need the Assistance of an Attorney
If mental or financial harm has arisen from gaslighting, or if you are considering criminal proceedings, legal assistance may be needed.
An attorney experienced in criminal matters can provide specific guidance on how to organize the facts of the harm legally, what possibilities exist for the establishment of a crime, and how evidence should be used.
Daeryun Law Firm LLP has a system for securing evidence through lawful channels and organizing the structure of a case on that basis, in collaboration with its internal Evidence Investigation Center and Digital Forensics Center.
On this basis, the firm helps set a response direction suited to the victim's situation and reduce unnecessary legal risks.
If you need to respond to harm from gaslighting, you are welcome to review your current situation through a 🔗Legal Consultation Reservation.
