70s Elderly Man Forcedly Molested Neighbor's 7-Year-Old Grandson... Sentence Reduced from Prison to Suspended Sentence in Appeal Trial

A (73), who was sentenced to prison for forcibly molesting his neighbor's grandson, received a suspended sentence in the appeal trial. Photo by Yonhap News

[Asia Economy Reporter Kim Soyoung] A man in his 70s, who was sentenced to prison in the first trial for forcibly molesting a 7-year-old boy from the neighboring house, had his sentence reduced to probation in the appellate trial.

On the 30th, the 1st Criminal Division of the Gwangju High Court (Presiding Judge Lee Seungcheol) announced that in the appellate trial of Mr. A (73), who was indicted for violating the Special Act on the Punishment of Sexual Crimes, etc. (forcible molestation of a minor under 13), it overturned the original sentence of 2 years and 6 months imprisonment and sentenced him to 2 years and 6 months imprisonment with 3 years probation.

However, the order to complete 40 hours of a sexual violence treatment program and the restriction on employment at child and youth-related institutions for 3 years were maintained.

The appellate court stated the sentencing rationale, saying, "The victim and their legal representative do not wish for the defendant to be punished," and "Considering comprehensively the conditions of sentencing revealed in the trial and records of this case and the recommended sentencing range according to sentencing guidelines, the original sentence is deemed excessively harsh and unfair."

Mr. A was indicted on charges of forcibly molesting B, who was 7 years old at the time, around 7 p.m. on May 4, 2019, at his home in Suncheon, Jeollanam-do.

At that time, Mr. A approached B, who had come to visit his paternal grandfather's house in the same village, saying, "Did your mom and dad go to work? Let's have a drink," took B's hand, and led him into his own house.

Afterwards, he sat B on the bed and molested him by bringing his lips close while saying things like, "Let's live together. Shall we kiss once?"

During the trial, Mr. A strongly denied the charges, claiming he never took B to his house nor forcibly molested him, but the young B consistently testified to specific facts such as the layout of the room at that time, revealing Mr. A's crime.

When the situation became unfavorable, Mr. A also claimed diminished mental capacity due to Alzheimer's disease dementia symptoms, but this was not accepted.

Earlier, the first trial court acknowledged that "the defendant was diagnosed with Alzheimer's disease dementia due to memory and cognitive decline, but it cannot be considered that he was in a state of impaired ability to distinguish objects or make decisions at the time of the crime."

It further explained, "The crime is very serious as the defendant took a minor under 13, who requires protection, to his home, forcibly molested him, and prevented the victim from leaving," and "the sentence was determined after comprehensively considering all sentencing conditions revealed in this case."

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