'Inha University Sexual Assault and Fall Death' 2nd Trial Also Sentences 20 Years Imprisonment... Intent to Murder Not Recognized

Court: "Difficult to Recognize Intent to Murder"... Original Verdict Upheld

A man in his 20s who was charged with killing a female peer by causing her to fall from a building while attempting to sexually assault her on a university campus was sentenced to 20 years in prison in the appellate court as well. However, the intent to murder was not recognized in the second trial either.

The Criminal Division 10 of the Seoul High Court (Presiding Judges Nam Seong-min, Park Eun-young, Kim Seon-ah) sentenced former Inha University student A (21) to 20 years in prison on the 20th, the same as the first trial. Previously, the prosecution had demanded life imprisonment, as in the first trial.

The court also upheld the order for A to complete 80 hours of sexual violence treatment programs and a 10-year ban on employment at institutions related to children, adolescents, and persons with disabilities.

The court stated the reason for dismissing the prosecution's appeal, saying, "Murder requires strict proof not only of the result but also of intent, and the responsibility lies with the prosecution. Considering the testimony of forensic experts and other evidence, it is difficult to recognize the intent to murder even with the additional evidence presented by the prosecution."

A first-year male student A (20), accused of attempting to sexually assault a female student of the same age on the Inha University campus and causing her death by falling from a building, is entering the Incheon District Court in Michuhol-gu, Incheon, on the afternoon of July 17 last year to undergo a pre-arrest detention hearing (warrant review). [Image source=Yonhap News]

A was arrested and indicted on charges of killing by rape under the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes after attempting to sexually assault B, who was unconscious due to intoxication, and causing her to fall from a building within a college building on the Inha University campus in Michuhol-gu, Incheon, in the early morning of July 15 last year.

It was investigated that after the victim fell, he did not report to 112 or 119 but instead discarded the victim's clothes in another location and fled to his rented room.

In January, the first trial court changed the charge to quasi-rape resulting in death, stating, "It is difficult to recognize the intent to murder," and sentenced him to 20 years in prison.