Why a 20-Year-Old Who Attacked a Man with a Weapon While Stopping Sexual Assault Had His 50-Year Sentence Reduced to 27 Years

Second Trial Court Reduces Sentence to 27 Years
First Trial Imposed Longest Sentence of 50 Years

The suspect in the so-called "Daegu version of the spinning kick" case, who followed a woman living in a one-room apartment and attempted sexual assault, and tried to kill her boyfriend who intervened with a weapon, received a significantly reduced sentence in the appellate court.

According to Yonhap News Agency on the 23rd, the 1st Criminal Division of the Daegu High Court (Presiding Judge Jeong Seong-wook) overturned the original sentence of 50 years imprisonment and sentenced A (29), who was charged with violating the Special Act on the Punishment of Sexual Crimes (rape and attempted murder), to 27 years in prison in the appellate trial.

Additionally, the court ordered A to disclose and notify personal information for 10 years, restrict employment at institutions related to children, adolescents, and persons with disabilities for 10 years, and attach an electronic location tracking device for 20 years.

Daegu High District Court. [Image source=Asia Economy DB]

A is accused of following B, a woman in her 20s returning home to a one-room apartment in Buk-gu, Daegu, at around 10:56 p.m. on May 13 last year, and attempting to sexually assault her. He is also charged with attempted murder for trying to kill C, B’s boyfriend, who entered the one-room apartment later.

B, who was injured by a stabbing with a weapon, was rushed to the emergency room and hovered between life and death due to excessive bleeding. She regained consciousness after about 40 days in the intensive care unit but suffered permanent disabilities due to hypoxic brain injury.

In the first trial, the prosecution sought a 30-year prison sentence for A, but the court unusually sentenced him to 50 years, the longest term for a fixed-term imprisonment. At that time, A admitted all charges in the first trial but appealed, arguing that the sentence was too heavy.

The appellate court stated, "As a result of the crime, the female victim suffered injuries including severed wrist arteries and nerve damage, and the male victim sustained permanent brain damage due to hypoxic brain injury. It is recognized that the defendant has not been forgiven by the victims and that a severe sentence is necessary from a preventive perspective to stop similar copycat crimes in the future."

Victims undergoing rehabilitation treatment after the incident. [Image source=Yonhap News]

However, the court explained the reasons for sentencing by considering "the defendant admitted his wrongdoing and showed remorse from the investigation stage, the attempted murder was somewhat impulsive as it occurred during a physical struggle while fleeing to the building corridor to avoid arrest after the crime was stopped, and the defendant deposited 100 million won in criminal bail for the male victim."

It is reported that C protested the court’s decision, claiming the punishment was too light. Due to A’s crime, C’s right pinky finger and elbow nerves were damaged, and he is still undergoing rehabilitation treatment.

Also, the attending physician who appeared at the first trial stated that the possibility of full recovery from B’s nerve damage was slim, and her social age remained at about 11 years old. The doctor noted, "There are problems with concentration, calculation ability, and problem-solving in social situations, and it is highly likely that she will need assistance from others in daily life."

Meanwhile, this case drew public outrage as it was compared to the "Busan spinning kick" case in 2022, where a man in his 30s suddenly assaulted and attempted sexual assault on a woman he did not know in Busan. A shares the similarity of having no prior acquaintance with the victims.