The Court: "Considering that the defendant was a public official, the motive and means of the crime, the original sentence is excessively lenient"
A public official in his 20s who sexually assaulted a colleague after his feelings were not reciprocated received a harsher sentence in the appellate court. [Image source=Yonhap News]
[Asia Economy Reporter Yoon Seul-gi] A public official in his 20s who committed various sex crimes, including luring a colleague to his home after she rejected his advances, raping her, and threatening to distribute the footage, was sentenced to a harsher penalty in the appellate court.
On the 14th, the 1st Criminal Division of the Jeonju Branch of the Gwangju High Court (Chief Judge Kim Sung-joo) announced that it overturned the original sentence of 9 years imprisonment and sentenced A (27), who was charged with rape, violation of the Act on Special Cases Concerning the Punishment of Sexual Crimes (threatening to use footage), and coercion, to 12 years imprisonment. Additionally, A was ordered to complete 40 hours of sexual violence treatment programs and was banned from employment at child and youth institutions and welfare facilities for the disabled for 10 years.
The appellate court stated, "The defendant maliciously exploited the victim’s pain and characteristics to satisfy sadistic and perverted desires, only scheming to commit the crime," and added, "We are deeply concerned whether the victim, whose mind and body were brutally trampled, can live properly as a human being in the future."
Furthermore, the court said, "It is highly questionable whether the defendant’s criminal responsibility, which is tantamount to obliterating the victim’s dignity and personality, can be mitigated by remorse or petitions for leniency from acquaintances," and explained the sentencing rationale, "Especially considering that the defendant was a public official at the time of the crime, and taking into account all sentencing factors including motive, means, and consequences, the original sentence appears excessively lenient."
A was charged with raping victim B and threatening to distribute nude photos and sex videos of her to her husband and family 29 times over approximately 1 year and 8 months starting from August 2, 2019. A, a public official at an institution in the Jeonbuk region, expressed his affection to B, who worked in the same office, but when B rejected him because she was married and had a family, he lured her to his home, raped her, and planned and executed the crime.
On August 2, 2019, the date of the first crime, A took B’s mobile phone and left a note saying to come to his house if she wanted it back. Angered, B went to A’s house and strongly demanded her phone back, but A, who had lured B to his home with the intent to rape her, overpowered her and committed the rape. It was confirmed that A filmed B’s body at that time.
Investigations revealed that A threatened to distribute photos and videos via social networking services (SNS) if B refused to meet or have sex with him. It was also confirmed that during the crime, A made B write a "Sex Slave Pledge." B suffered extreme mental distress and even attempted an extreme act.
In the first trial, the court sentenced A to 9 years imprisonment, stating, "The defendant continuously raped the victim and filmed sexual scenes over 1 year and 8 months," and "Considering the duration, method, and content of the crime, severe punishment is necessary." However, both the prosecution and A appealed, citing the sentence as too lenient.
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