[Asia Economy Reporter Baek Kyunghwan] A teenager who committed a sexual assault again on a victim who went to receive an apology was finally sentenced to five years in prison. It is interpreted that the credibility of the victim's testimony should not be denied simply because the victim directly visited the perpetrator's house.
On the 25th, the Supreme Court's 3rd Division (Presiding Justice Min Yusook) upheld the original sentence of five years in prison in the appeal trial of A, who was indicted for violating the Act on the Protection of Children and Juveniles from Sexual Abuse, among other charges.
A was tried for sexually assaulting two minors and molesting another female adolescent at his home between January and June 2018. However, during the investigation, one of the victims who went to A's house to receive an apology was sexually assaulted again.
During the trial, A argued that the victim's testimony lacked credibility because the victim visited his house the day after the crime, which he claimed was "not typical of a victim."
However, the first trial court found him guilty. It stated, "The circumstances of the crime are serious, such as inviting a young victim to the house, offering alcohol, and then using violence," and sentenced A, who was a minor at the time, to a prison term of two years and six months for the long term and two years for the short term under the Juvenile Act.
The second trial court also rejected A's claim, stating, "The victim's visit to the perpetrator's house after the crime cannot be a reason to dismiss the credibility of the testimony." The court pointed out, "Victims respond in various ways," and "In some cases, it cannot be considered impossible for the victim to visit the perpetrator first."
A appealed, but the Supreme Court dismissed it. The Supreme Court also ruled, "Even if the victim voluntarily visited the defendant's house, it does not constitute grounds to reject the credibility of the victim's testimony."
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