'Shillim-dong Attempted Rape Video' Man Convicted Only of Trespassing in 2nd Trial... '1 Year Imprisonment'

[Image source=Yonhap News]

[Asia Economy Reporter Kim Hyung-min] A man in his 30s, who was prosecuted for the so-called 'Sillim-dong attempted rape' case, was sentenced to one year in prison for trespassing in the appellate court as well.

The Seoul High Court Criminal Division 12 (Presiding Judges Yoon Jong-gu, Oh Hyun-kyu, Jo Chan-young) on the 24th sentenced Jo Mo (31), who was charged with violating the Special Act on the Punishment of Sexual Crimes (trespassing and attempted rape), to one year in prison, the same as the first trial. The prosecution's request for probation was dismissed.

The court stated, "There is a possibility that the defendant had the intent to commit a sexual crime, but to punish solely based on such intent, there must be a special provision in the law beforehand, which does not exist."

Furthermore, it ruled, "In this case, where the defendant's direct intent or thought toward the rape crime is not clearly revealed, it is not easy to recognize the intent merely based on the possibility that 'the result of rape could have occurred.'"

Regarding the additional charge of attempted sexual assault added in the appeal, the court also did not recognize it, stating, "It is difficult to conclude that there was 'intent for sexual assault.'"

However, the court noted, "Although the level of intent for a sexual crime cannot be recognized, the defendant's actions are not limited to disturbing the peace of residence but are dangerous as they could lead to crimes that harm the victim's life and body. The circumstances of the crime are unfavorable," and added, "There is also a need for severe punishment for this type of crime for preventive purposes."

Jo was indicted for chasing a woman returning home in Sillim-dong around 6:20 a.m. on May 28 last year and forcibly attempting to enter her house.

The closed-circuit television (CCTV) footage capturing Jo's crime quickly spread online, causing public outrage.

This content was produced with the assistance of AI translation services.