The Truth About the Sexual Assault of an Intoxicated Woman... A 30-Year-Old Banker Detained in Court After the Second Trial

2018 First Trial "Victim's Testimony Not Credible" Acquittal
Daegu High Court "Consistent Testimony... Bad Nature of Crime" 2 Years Imprisonment

[Asia Economy Yeongnam Reporting Headquarters, Reporter Park Dong-wook] The Daegu High Court Criminal Division 2 (Presiding Judge Park Yeon-wook) announced on the 8th that it sentenced bank employee A (39) to two years in prison and ordered his immediate detention in court in the appeal trial for charges of sexually assaulting an intoxicated female employee (quasi-rape, etc.).

Additionally, A was ordered to complete a 40-hour sexual violence treatment program and was banned from working in facilities related to children, adolescents, and the disabled for three years.

In the first trial in 2018, A was acquitted on the grounds that "the credibility of the victim's testimony was low," but due to the prosecution's appeal, the second trial resulted in the opposite verdict, leading to his imprisonment.

The appellate court stated in the judgment, "The victim's testimony is consistent and credible," and "Considering the method and circumstances of the crime, the nature of the offense is serious, and although the victim likely suffered sexual shame and mental distress, forgiveness is not granted," explaining the reasons for the sentence.

According to the indictment, A, a manager at a certain bank, was prosecuted for taking a drunken female temporary employee in her 20s to a lodging facility and sexually assaulting her after a company dinner in January 2016. A was also charged with kissing the same female employee while drinking a few days after the sexual assault and then going to a lodging facility together and sexually assaulting her again.

The case surfaced during an internal investigation related to another sexual harassment incident that occurred in the same bank in 2017, when the victim's name was mentioned. The female victim testified that she was sexually assaulted by A when questioned during investigations by the HR department, labor union, and internal audit department, which later led to a criminal case.

In the first trial held in November 2018, the court (Daegu District Court Seobu Branch 1st Criminal Division) acquitted A, questioning the credibility of the victim's testimony and noting that the report was not made until a year after the incident. At that time, women's groups in the Daegu area criticized the ruling, saying, "The victim was required to show 'victim-like' behavior and perfect testimony, while the perpetrator's lies were accepted as a right to defense."