A former professor who was sentenced to prison in the first trial and detained in court on charges of sexually assaulting or molesting students affiliated with his academic society received a heavier sentence in the appellate court.
According to the legal community on the 16th, the Seoul High Court Criminal Division 10 (Presiding Judges Nam Seong-min, Song O-seop, Kim Seon-ah) overturned the original sentence of 3 years imprisonment and sentenced former Sungshin Women’s University history professor A to 4 years imprisonment on the 11th. He was charged with quasi-rape, forced molestation, and sexual intercourse with a supervised person.
The court pointed out, "The victims, who were his students, usually respected and followed him like a father, and he took advantage of this close relationship to commit rape or forced molestation, which is a serious crime and highly condemnable."
It added, "Nevertheless, the defendant denied all charges from the investigative agency to this court and consistently made unreasonable excuses. Considering that he has not been forgiven by the victims, a prison sentence is imposed."
While the court acquitted him of the quasi-rape charge, for which he was found guilty in the first trial, it found him guilty of the sexual intercourse with a supervised person charge, which was acquitted in the first trial, and imposed a heavier sentence than the first trial.
Regarding the quasi-rape charge, the court stated, "Unwanted sexual contact was recognized, and the defendant deserves moral condemnation. However, under the principle of legality, for this charge to be established, mental incapacity or inability to resist must be recognized. Since the alleged time in the indictment was long after drinking alcohol, it is difficult to see that the victim’s ability to resist was significantly impaired."
However, regarding the sexual intercourse with a supervised person charge, which the first trial acquitted on the grounds that the victim belonged to a different department and thus no 'protective supervision relationship' was recognized, the court reversed the verdict, stating, "The victim perceived the defendant as a father figure, and legally, it is recognized that the victim was under protective supervision. It can be seen that the defendant had sexual intercourse with the victim by virtue of his position."
Regarding the forced molestation charge, which A claimed innocence of, citing unspecified time of the crime and inconsistent victim statements, the court ruled, "Given the nature of the crime, the indictment is specific. The victim’s testimony is detailed to the extent that it could not have been expressed without experience, and some inconsistencies are merely incidental due to the passage of time," thus upholding the guilty verdict as in the first trial.
As A appealed the sentence, the final decision will be made by the Supreme Court.
A was charged with sexually molesting and assaulting students affiliated with his academic society by taking them to his private study and kissing them after drinking together from January to March 2017. He was sentenced to prison and detained in court in the first trial in October last year.
This crime came to light when a victim who graduated in March 2018 reported the incident to the university’s Sexual Ethics Committee. The university reported A to the prosecution and held a disciplinary committee that dismissed him.
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