[Asia Economy Reporter Ju Cheolin] A man in his 30s who was sentenced to prison in the first trial for sexually assaulting a drunken woman in front of her daughter received a reduced sentence in the appellate court due to a settlement and other reasons.
The Seoul High Court Criminal Division 10 (Presiding Judges Lee Jaehee, Lee Yongho, Choi Daeun) overturned the original sentence of 4 years imprisonment for A, who was charged with quasi-rape causing injury, and sentenced him to 3 years imprisonment with a 5-year probation on the 17th.
The 40-hour sexual violence treatment program and the 5-year employment restriction in child, youth, and disability-related facilities were maintained.
A was accused of taking the victim B, who was lying drunk on the street in September last year, to a nearby building, beating her, and committing quasi-rape. During this process, A also filmed parts of B’s body.
It was investigated that B’s daughter also witnessed A’s crime. A left the scene immediately after the crime but returned and apologized to B.
The court pointed out, “The victim is believed to have suffered sexual humiliation and physical and mental pain,” and “B’s daughter witnessing the crime at the scene caused her an irreparable mental shock.”
However, the court explained, “A found the victim collapsed on the street while intoxicated and helped her home, but committed the crime due to a momentary sexual impulse, left the scene immediately after, realized his mistake, returned to the scene, knelt down, and apologized.”
It added, “A admitted to the crime from the investigation stage to the courtroom and shows remorse,” and “He apologized through his family, the victim does not want punishment, and the victim’s daughter also pleaded for leniency,” as reasons for sentencing.
Furthermore, “Although A committed a grave crime that is difficult to forgive, he had lived a decent life until this incident, and it is difficult to see long-term isolation from society as appropriate punishment for a single mistake,” and “There is a need to give him a chance for a new life,” the court mentioned.
The court said, “We usually impose a prison sentence but deliberated a lot,” and urged, “Please show through your actions that the court’s judgment is not wrong.”
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