A Man in His 40s Who Followed an Unknown Elementary Student and Confessed "Date Me" Sentenced to Prison

8-Month Prison Sentence Upheld in Both First and Appellate Courts

A man in his 40s who secretly followed an elementary school girl he met on the street and followed her to the apartment hallway while asking her to "date him" was sentenced to prison in the appellate court.

According to the legal community on the 23rd, the 5th Criminal Appeals Division of the Daejeon District Court (Presiding Judge Kim Jin-seon) sentenced A (48), who was indicted for trespassing, to 8 months in prison, the same as the first trial.

A was prosecuted for following elementary school student B, who was returning home, from in front of an apartment in Seobuk-gu, Cheonan-si, Chungnam, around 5:48 p.m. on April 10 last year, and following her to the apartment hallway where she lived.

At the time, A entered the apartment by taking advantage of another resident pressing the password to open the main entrance door, then took the elevator with B. In the elevator, A spoke to B, saying "You could be a celebrity." Even after B got off the elevator, A continued to follow her to the apartment hallway, approaching her with words like "If I introduce you to a singer, will you date me for a month?"

Police investigation revealed that A had a prior record of imprisonment for violating the Special Act on the Punishment of Sexual Crimes, including forcibly molesting a minor under 13 years old, and was known to have approached victims using similar methods at that time.

The first trial court said, "The crime of trespassing into the apartment hallway where the minor victim lives to approach her is very serious," and "Although the victim likely suffered considerable psychological shock, considering that the defendant admitted the crime and showed remorse," sentenced him to 8 months in prison. Both the prosecution and A appealed, citing inappropriate sentencing.

The appellate court said, "The defendant trespassed into the apartment hallway where the minor victim lived for sexual purposes and approached her," and "The victim, who was an elementary school student at the time, likely experienced significant psychological shock, fear, and terror due to the crime." Regarding the dismissal of the appeal, the court explained, "Considering the sentencing guidelines comprehensively, it is difficult to evaluate that the original sentence exceeded the reasonable limits of discretion, so it is appropriate to uphold the first trial's judgment."