Anger Over Reduced Sentence for Father Who Sexually Assaulted Elementary School Daughter... Victim Says "No Apology or Agreement" [Seocho-dong Legal Story]

Sent a letter to the court demanding severe punishment but received 'reduced sentence'
2nd trial court: "Additional payment of 400 million won to the victim... efforts for remorse and victim recovery"
Victim: "Unilateral deposit into the account... never apologized or agreed"

[Asia Economy Reporter Kim Daehyun] "The money given by my paternal family was deposited into the bank account unilaterally without the consent of me or my mother. They also said, 'If you write in the agreement that you will not file any lawsuits in the future and seek leniency, we will give you an additional 100 million won.'" (Victim A)

On September 30, the Seoul High Court Criminal Division 10 (Presiding Judge Lee Jaehee) sentenced B (42, male), who was accused of sexually assaulting his elementary school daughter for several years, to 10 years in prison, reducing the sentence by 3 years from the first trial. He was charged with molesting his daughter A, who was in the 4th grade of elementary school in 2017, when his wife was out, and repeatedly sexually assaulting her for three years starting the following year. A, who witnessed the sentencing in person, expressed strong regret, saying, "I have never received a proper apology, but the ruling said the defendant 'seems to be reflecting.'"

The court stated, "As a biological father, he had the duty to protect and support, but he treated the child and adolescent victim as an object to satisfy his sexual desires. He was not forgiven by the victim and her mother, and the victim's side is petitioning for severe punishment." However, it also ruled, "The defendant admitted and reflected on all the crimes, and has no prior criminal record."

In particular, it added, "The defendant and his parents are making sincere efforts to restore the damage by paying an additional 400 million won to the victim's side (in addition to the money paid in the first trial) during the appeal."

However, the victim's side maintains that the money paid by B cannot be considered a settlement. Kim Kyungyeon, a lawyer from Oh Hyun Law Firm representing the victim, said, "It was absurd that they claimed it was a settlement by prepaying money that would be divided equally through future divorce proceedings." He added, "B's side tried to reach a settlement a week before the sentencing, asking to include a phrase in the agreement stating that they do not want punishment, but the victim refused. Then, they unilaterally deposited money into the bank account and conveyed that to the judge, which was immediately reflected in the sentencing."

Lawyer Kim also emphasized, "The victim has never received a proper apology." He said, "The victim protested to the biological father’s side, asking 'When did you ever apologize?' and even sent a letter to the court petitioning for severe punishment." The claim by B in court that he apologized to the victim is not true. He lamented, "From the victim's perspective, she did not receive a proper apology, and it is unfair that three years were reduced simply because money was given."

Meanwhile, this ruling is expected to be finalized as is. Although the prosecution initially sought a 25-year sentence for B, it is practically impossible to change the ruling by appealing to the Supreme Court solely on the grounds of disproportionate sentencing.