Reason for Sentence Reduction in Appeal of 60-Year-Old Who Sexually Assaulted Step-Granddaughter and Produced Sexual Exploitation Material

Victim's Family Accepts Settlement and Does Not Want Punishment

A man in his 60s who sexually assaulted the young granddaughter of his common-law spouse and even produced sexual exploitation materials was given a reduced sentence in the appellate court. This was because the victim's family received a settlement and did not wish for further punishment.

On the 29th, the Criminal Division 1 of the Changwon Branch of the Busan High Court (Presiding Judge Min Dalki) overturned the original sentence of 10 years imprisonment and sentenced Mr. A (in his 60s), who was charged with violating the Special Act on the Punishment of Sexual Crimes, including rape of a minor under 13, to 8 years imprisonment. Additionally, Mr. A was prohibited from employment at child and youth-related institutions and disability-related institutions for 5 years each, and was ordered to undergo probation for 5 years from the date of completion of his sentence.

The appellate court stated the sentencing rationale as follows: "Considering that the defendant admitted all charges during this trial and showed remorse, and that a certain settlement amount was paid to the victim's side who does not wish for punishment, the sentence was determined accordingly."

Previously, around July 2021, Mr. A lived with B, the granddaughter of his common-law spouse, in a residence in Gyeongnam. B, who was about 9 to 10 years old at the time, had been entrusted to her maternal grandmother after her mother, who had custody following a divorce, was unable to live with her due to livelihood reasons. Mr. A, who spent a lot of time alone with B, exploited the fact that the young B could not properly resist to commit these crimes.

Mr. A proposed to B that the loser in a game would fulfill the winner's wishes and committed the crimes under this pretense, or sexually assaulted B while she was taking a nap. Ultimately, Mr. A repeatedly raped B and even produced sexual exploitation materials using a mobile phone.

During the first trial, Mr. A denied the charges, claiming he did not commit rape or quasi-similar sexual acts. He also argued that B's testimony could not be trusted since she did not disclose the abuse for about two years. However, the first trial court sentenced Mr. A to 10 years imprisonment, stating, "B's testimony has been consistent from the investigation stage to the court, with no contradictions, and there is no special reason or motive to give false testimony."

Mr. A appealed on the grounds that the sentence was too heavy, and during the appellate trial, he admitted to all charges.