A man in his 20s convicted of sexually assaulting his younger sister after release for a sex crime receives 12 years in prison on appeal... sentence increased by 3 years

Court: "High Risk of Recidivism"

A man in his 20s who sexually assaulted his intellectually disabled younger sister immediately after being released from prison for a sex crime was sentenced to a harsher punishment in the appellate court than in the original trial.

On the 17th, the Criminal Division 2 of the Busan High Court (Chief Judge Lee Jae-wook) sentenced Mr. A to 12 years in prison on charges of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (rape within family relations and rape of a disabled person). Previously, the first trial court sentenced Mr. A to 9 years in prison, but the appellate court overturned the original verdict and imposed a heavier sentence.

Additionally, the court upheld the original ruling ordering Mr. A to undergo location tracking and electronic monitoring for 10 years and to be banned from employment at institutions related to children, adolescents, and disabled persons for 10 years.

Busan High Court Photo by Busan High Court

Mr. A is accused of taking his intellectually disabled younger sister, Ms. B (in her 20s), to a motel room in Yeonje-gu, Busan, on February 13 and sexually assaulting her. At that time, Mr. A had been released only 11 days earlier after serving a 6-year prison sentence for rape and attempted rape.

It was reported that when Mr. A underwent the Korean Sexual Offender Risk Assessment Scale (KSORAS), he scored a total of 22 points. His risk of reoffending in sex crimes was assessed as "high," and in the Psychopathy Checklist-Revised (PCL-R) evaluation, he scored 21 points, indicating a "moderate" level of psychopathic personality traits.

The court stated, "As the victim’s older brother, Mr. A should have protected the intellectually disabled victim, but instead, he treated her as an object to satisfy his sexual desires. Furthermore, after the crime, he threatened or coaxed the victim to conceal the act." The court also reprimanded him, saying, "During the investigation, he tried to shift blame by claiming it was due to alcohol consumption."

Moreover, the court explained the sentencing rationale, saying, "Mr. A appears to have difficulty eliminating his distorted sexual desires, as evidenced by committing the same type of crime immediately after completing a heavy sentence and being released. Therefore, the risk of reoffending is considered quite high, and the original sentence was too lenient and unjust."