"Denial of Crime from Investigative Agencies... Defendant's Responsibility is Heavy"
[Asia Economy Honam Reporting Headquarters Reporter Park Jin-hyung] A man in his 20s who confined a middle school girl in a motel and committed sexual violence has been sentenced to prison.
The 12th Criminal Division of the Gwangju District Court (Presiding Judge No Jae-ho) sentenced A (23) to three years in prison on the 16th for violating the Act on the Protection of Children and Juveniles against Sexual Abuse (rape and injury, etc.) and ordered him to complete 40 hours of a sexual violence treatment program.
A was prosecuted on charges of forcibly having sexual intercourse with B, a middle school girl (14 at the time), who became heavily intoxicated while playing drinking games at a motel in October 2015 when he was a high school student.
Although A did not use threats or violence, he was able to easily overpower B, who was so intoxicated that she could hardly control her body.
After the crime, A acted as if admitting his wrongdoing when meeting B, but in front of others, he spread false information three times, claiming that "the woman wanted it first."
B suffered from malicious rumors, transferred to another school, but was unable to maintain a normal school life with classmates and eventually dropped out and received psychiatric treatment.
After the sexual violence, B also visited a gynecologist and received an injury diagnosis.
A denied the charges, claiming that "although B was intoxicated, she was not in a state unable to resist, and the sexual intercourse was consensual."
The court judged that the charges of quasi-rape were guilty after comprehensively reviewing the amount and speed of alcohol B consumed, her usual drinking capacity, messages exchanged after the incident, and the defendant’s inconsistent statements.
However, the court acquitted the charge of quasi-rape causing injury, stating that the medical opinion alone could not exclude other possible causes.
The court said, "The defendant has denied the quasi-rape from the investigation stage to the courtroom, showing an attitude of minimizing his responsibility," and "he has not been forgiven by the victim and she wants punishment."
However, the court explained the sentencing reason, saying, "Except for a suspended prosecution for injury, there is no other criminal record," and "he was a 16-year-old minor at the time of the crime, so it is considered that he did not have full criminal responsibility."
After hearing the verdict, A said, "I apologize for causing trouble. Although much time has passed, I have spent days full of regret and reflection," and "I have been labeled a rapist for the past seven years, but I want to live honestly from now on."
© The Asia Business Daily(www.asiae.co.kr). All rights reserved.
