Sexual Assault of a Minor: Sentenced to 8 Years in First Trial, but Acquitted in Appeal... Why?

Court: "Victim's Testimony Differs from Witness Testimony"

Gwangju High Court. [Photo by Yonhap News]

[Asia Economy Reporter Kim Bong-ju] A man in his 30s who was sentenced to prison in the first trial for sexually assaulting a minor female was acquitted in the appellate trial.

On the 28th, the 1st Criminal Division of the Jeonju Branch of the Gwangju High Court (Chief Judge Kim Sung-joo) overturned the original sentence of 8 years in prison and acquitted Mr. A (34), who was indicted for violating the Special Act on the Punishment of Sexual Crimes.

Mr. A was charged with sexually assaulting Ms. B (a teenager) who was lying on the bed in his apartment room in Namwon-si, Jeonbuk, in January 2018.

At the time, five members of Ms. B's family were staying briefly at Mr. A's house, which they had come to know through an acquaintance.

The prosecution judged that Mr. A, who returned home intoxicated on the day of the incident, climbed onto the bed where Ms. B and two others were sleeping and sexually assaulted Ms. B.

The first trial court sentenced Mr. A to 8 years in prison, citing Ms. B's consistent testimony that she was sexually assaulted and the fact that she had no motive to lie.

However, the appellate court stated, "Upon reaching this court, we re-examined the evidence and carefully examined the victim by summoning her," and judged that "the victim's statements about various situations over time contradict the testimonies of others who were in the same room."

It also said, "It seems physically difficult for the sexual assault to have occurred on a bed where three people were closely lying without waking the other two." According to the court, a witness testified that "no one ever climbed onto the bed."

Furthermore, the court ruled, "The victim's testimony did not have the credibility to confirm the defendant's guilt," and "considering various circumstances, the original judgment is overturned."

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