'Female Middle School Student Sexual Assault and Suicide Case' Perpetrators Detained in Second Trial

Middle School Girl Sexually Assaulted and Bullied... Driven to 'Extreme Choice'
Threatened with 'Telling Friends' After Confiding About Assault
1st Trial "Despite Being a Minor, Crime Nature is Severe"
2nd Trial Revokes Bail and Detains in Court
Victim's Father "Even If Guilty, My Daughter Won't Return"

Photo by Cheongwadae National Petition Board

[Asia Economy Reporter Han Seung-gon] Teenage perpetrators accused of sexually assaulting a middle school girl and cruelly bullying her to the point of driving her to an extreme choice were sentenced to prison and detained in court after their appeal trial.

The Seoul High Court Criminal Division 8 (Presiding Judge Bae Hyung-won) on the 14th sentenced Kim Mo (18), who was indicted for violating the Act on the Protection of Children and Juveniles Against Sexual Abuse (rape), to a long-term imprisonment of 5 years and a short-term imprisonment of 3 years and 6 months in the appeal trial.

Kang Mo (20), who was tried together, received 3 years imprisonment instead of the long-term 5 years and short-term 3 years and 6 months sentence because he had reached adulthood. Kang is charged with violating the Special Act on the Punishment of Sexual Crimes, etc. (indecent act by coercion against a minor under 13). Also, Ahn Mo (19), who was indicted for defamation, was sentenced to 4 months imprisonment with a 1-year probation, the same as in the first trial.

The court ordered Kim and Kang to complete 40 hours of sexual violence treatment programs and imposed a 5-year employment restriction at child and youth-related institutions and welfare facilities for the disabled.

Kim was prosecuted for sexually assaulting middle school girl A, whom he knew, twice between 2016 and 2017. Kang is accused of forcibly molesting A. Ahn is charged with defamation for posting malicious comments about A on social networking services (SNS).

The court stated, "It appears that the victim was not in a relationship with Kim, and she expressed refusal by cursing when asked for sexual relations," and "It is sufficiently recognized that Kim threatened the victim."

The court added, "Kim threatened the victim knowing he had sexual experience, and Kang's crime of similar sexual acts is very serious," and "The victim likely suffered considerable mental distress, and the victim's parents petitioned for severe punishment, making a prison sentence inevitable."

However, the court ruled that Kim's threat in the rape charge corresponds to coercion under the Act on the Protection of Children and Juveniles Against Sexual Abuse, not physical force, considering that he did not use physical force other than threatening to spread rumors.

Kang, accused of forcible molestation, claimed in the first trial, "I was falsely accused unfairly," and Kim's side argued for innocence, saying, "The sexual relations were consensual with A," but both were sentenced to prison. The second trial court also recognized all facts of their crimes as guilty.

In particular, the court explained the sentencing reasons, saying, "The defendants were juveniles at the time of the crime with immature judgment and no prior criminal records, but Kang's crime of similar sexual acts is very serious, and Kim's crime is serious as he threatened the victim with his sexual experience."

It was revealed that Kim committed the crime by threatening to "inform others" after knowing that Kang had molested A. Subsequently, A jumped from an apartment in Incheon in July 2018.

The perpetrators reportedly made no efforts for the bereaved family. The court stated, "The defendants made no efforts to restore the victim's damages, and the victim's parents petitioned for severe punishment, making a prison sentence corresponding to their guilt inevitable."

Previously, the first trial sentenced Kim to a long-term imprisonment of 6 years and a short-term imprisonment of 4 years, considering his juvenile status but poor crime nature, and sentenced then-minor Kang to a long-term imprisonment of 5 years and a short-term imprisonment of 3 years and 6 months. Ahn was sentenced to 4 months imprisonment with a 1-year probation.

Meanwhile, Kang and Kim, who were released on bail last year, were detained again in court along with the prison sentence. Kim pleaded, "Please spare me from detention," and Kang claimed innocence, saying, "This is very unfair," but both were detained in court along with the prison sentence that day.

The victim A's father said after the sentencing, "It is regrettable that the sentence was reduced," and added, "Even if they were found guilty, my daughter will not come back alive. If I can take further action, I will respond legally."

This case became public after A's father posted on the Blue House petition board a message titled "Please resolve the grievance of my daughter who died from sexual assault and school violence."