Sexual Harassment During Counseling for Sexual Violence Victims... Court Sentences Public Defender to Prison
[Asia Economy Reporter Bae Kyunghwan] A lawyer who was prosecuted for sexually assaulting victims of sexual violence has been sentenced to prison. He was confirmed to be the public defender appointed by the prosecution for the victims.
On the 23rd, Judge Oh Yeonsu of the Criminal Division 3 at Gwangju District Court sentenced lawyer A (43), who was indicted in custody on charges of violating the Special Act on the Punishment of Sexual Crimes (sexual assault by abuse of authority in the course of duty), to 1 year and 6 months in prison. Additionally, he was ordered to complete 40 hours of a sexual violence treatment program and was banned from employment at institutions related to children, adolescents, and persons with disabilities for 5 years.
A was charged with sexually assaulting two victims of sexual violence during legal consultations at his office in Dong-gu, Gwangju, on June 15 and August 31 of last year, under the pretense of reenacting the crime. A told the victims, "Since there is no evidence, you might be acquitted. If we reenact, you might remember," and then committed the assault.
During the trial, A argued that he was merely a representative conveying the victims' intentions and was not in a protective or supervisory role over them, thus applying the charge of sexual assault by abuse of authority in the course of duty was inappropriate. He also requested a constitutional review of the law. However, the court dismissed the request, stating that disputing the scope of the court's interpretation rather than the constitutionality of the law itself is not permissible.
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On this day, the court stated, "Although the defendant was the public defender appointed by the state for the victims, he committed the crime by abusing his authority under the guise of reenacting the incident, which is a very serious offense. The victims suffered unimaginable harm, and one of them is pleading for severe punishment," and delivered the judgment.
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