Elementary School Daughter's Father Habitually Sexually Assaulted Her, Sentence Reduced on Appeal... Imprisonment from 13 to 10 Years

[Asia Economy Reporter Kim Daehyun] A father who sexually assaulted his elementary school-aged biological daughter for several years was sentenced to 10 years in prison on appeal, which is 3 years less than the first trial. The court accepted the defendant's claim that "the sentence was excessively harsh and unfair."

According to the legal community on the 1st, the day before, Chief Judge Lee Jaehee of the 10th Criminal Division of the Seoul High Court delivered this verdict in the appeal trial of Mr. A (42, male), who was charged with violating the Sexual Violence Punishment Act (sexual intercourse with a minor under 13 by coercion) and other charges. The request for electronic monitoring device (electronic anklet) attachment was also dismissed.

The court pointed out, "Despite having the duty to protect and support as a biological father, he used the child and adolescent victim, who had difficulty fully exercising their sexual self-determination rights, as an object to satisfy his sexual desires," and "he has not been forgiven by the victim and the victim's mother, and the victim's side is petitioning for severe punishment."

However, the court stated, "The defendant has admitted and reflected on all the crimes, and has no prior criminal record," and "Considering that the defendant and his parents are making sincere efforts to restore the damage, including paying an additional 400 million won during this appeal trial, the original sentence is judged to be somewhat heavy."

Earlier, Mr. A was brought to trial on charges of molesting his daughter, who was in the 4th grade of elementary school in the summer of 2017, and repeatedly committing sexual violence including intercourse for three years starting the following year. It was investigated that he committed the crimes while his wife was out, eventually being caught.

The prosecution initially sought a 25-year prison sentence for Mr. A, and the first trial court sentenced him to 13 years in prison.