Court: "No signs of resistance... credibility is low"
[Asia Economy Intern Reporter Kim Bong-ju] A man in his 20s who was indicted and detained on charges of sexual assault was acquitted. The court stated that the victim's testimony lacked credibility.
According to Jeju District Court on the 9th, the 2nd Criminal Division (Chief Judge Jang Chan-su) acquitted A (23), who was tried on charges of rape. Accordingly, A was released.
A was indicted and detained on charges of sexually assaulting B (25, female), an acquaintance, at a motel in Jeju around 5 a.m. on December 25, 2018.
A stated, "Although I had natural physical contact with B, I did not commit sexual assault."
In this case, there was no evidence of sexual assault other than B's testimony.
The court judged that B's testimony about the incident was neither specific nor clear.
Also, the court found the credibility lacking as there were no signs of resistance on B's body.
The court noted that although B was diagnosed with a perineal laceration at Jeju Halla Hospital on the day of the incident, the investigation agency's DNA analysis did not detect A's DNA under B's fingernails or inside her genital area.
The court also focused on the fact that CCTV footage from the motel showed B did not exhibit behavior indicating an urgent attempt to escape immediately after the incident.
The court explained the reason for the acquittal, stating, "It is difficult to consider the victim's testimony sufficiently credible to reject the defendant's claim of innocence."
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