대법원 2022. 5. 26. 선고 2022도1312 판결 (승리 이승현 사건); 1심: 고등군사법원 2021노345; 항소심: 고등군사법원 2021노367
Armed Forces Appellate Court (Case No. 2021노367, 27 January 2022): The defendant Lee Seung-hyun (Seungri), former member of BIGBANG, is found guilty on the substantial majority of nine counts: (1) Three counts of violation of the Act on the Punishment of Arrangement of Commercial Sex Acts (procuring prostitution for foreign investors, 2015–2017). (2) One count of soliciting prostitution for himself. (3) Two counts of habitual gambling (Jeju Island and Las Vegas). (4) Violation of the Food Sanitation Act (illegal nightclub operation, 2015). (5) Special assault (organised assault on Professor Jung Sang-bin, January 2016). (6) Embezzlement in the course of business. (7) Violation of the Foreign Exchange Transactions Act. (8) Violation of the Act on Special Cases Concerning the Punishment of Sexual Violence (aiding distribution of hidden-camera footage). Sentence: One year and six months' imprisonment. Additional collection: approx. KRW 1,156.9 million (approx. USD 870,000). Defendant taken into immediate custody in the courtroom. Supreme Court (Case No. 2022도1312, 26 May 2022): Appeal dismissed. Appellate sentence confirmed. Released on sentence expiry: 9 February 2023.
Case Overview: The Burning Sun Scandal 1. Background and Origins The Incident: Originated on November 24, 2018, at the Burning Sun nightclub in Gangnam, Seoul, where BIGBANG member Seungri had operational involvement. The Catalyst: A patron, Kim Sang-gyo, was assaulted and detained by club security and police after intervening to stop the harassment of a female customer. Escalation: Media and independent investigations transformed this local altercation into a massive scandal exposing deep-rooted corruption. 2. The Core Crimes and Network The investigation uncovered an interlocking web of criminal activity resulting in nine distinct charges against Seungri: Drug Distribution: Systematic use of drugs (GHB, meth, ecstasy) on the premises, with staff complicit in drink-spiking. Prostitution Procurement: Using female patrons (often unconscious) for "VIP relationship marketing" to secure investments from foreign businessmen. Illegal Operations: False licensing of associated venues like the Monkey Museum nightclub. Digital Sex Crimes: The infamous "Jung Joon-young chatroom," where celebrities shared non-consensual hidden-camera recordings of women as trophy content. Institutional Collusion: Systemic police protection suppressing prior complaints, with corrupt ties extending to the National Tax Service and a former Blue House staff member. 3. Trial Timeline and Verdict Jurisdiction Shift: Seungri announced his retirement in March 2019. After his indictment in January 2020, he enlisted in the military, transferring his case to Armed Forces courts. First Instance (Aug 2021): Sentenced to 3 years in prison and a collection order of approximately 1.15 billion KRW. Appellate Court (Jan 2022): Sentence reduced to 1.5 years in prison, maintaining the financial penalty. Final Conclusion (May 2022): The Supreme Court finalized the 18-month sentence. Seungri was released in February 2023. 4. Significance in Four Dimensions Industrial: Caused unprecedented damage to K-pop's international brand. It led to BIGBANG's effective disbandment, the resignation of YG Entertainment's CEO, and a total review of idol contract structures. Criminal-Law: Produced substantial jurisprudence on handling compound offenses (nine distinct charges) and navigating the jurisdictional overlap between civilian and military courts. Policy: Public outrage over police collusion and digital sex crimes catalyzed major legal reforms, including the 2020 strengthening of the Act on Special Cases Concerning the Punishment of Sexual Violence (specifically targeting non-consensual filming and deepfakes) and the creation of specialized investigation units. Socio-Legal: The relatively light 18-month sentence for nine major charges fueled intense public anger over the "celebrity sentencing discount." It remains a touchstone in ongoing debates about judicial leniency, the disparity between celebrities and victims, and the appropriateness of military courts handling civilian-origin offenses.
Judge
1심 재판장 황동혜; 항소심 재판장 권영민; 상고심 주심 조재연
Prosecutor
군검찰단 검찰관
Defense
박상진, 노종언
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