Father Convicted of Sexually Assaulting Daughter Receives Reduced Sentence in Second Trial... Between Law and Public Opinion

Prison Sentence Reduced from 13 to 10 Years 'Commotion'
Criticism from Mom Cafes and Others
Legal Community: "Reasoned Sentencing Justified"

The court reduced the sentence on appeal for a father accused of sexually assaulting his 10-year-old biological daughter, sparking a wave of public outrage. Voices criticizing the sentencing have been particularly strong on mom cafes where many women with children gather. However, around the court, there are remarks such as "There are reasons behind the judges' decision." This reflects a gap between public legal sentiment and the court's sentencing.

On the 5th, links to news articles about this court ruling were shared on mom cafe bulletin boards in the Gyeonggi area. Many comments were posted on these articles, mostly criticizing the second trial’s reduced sentence for the father. Some comments express frustration, saying, "Every time something happens, they reduce the sentence because of settlements, because he shows remorse, because he compensated. It’s infuriating to see," while others harshly condemn the judges, calling them "a mess." Most comments conclude that the judiciary’s lenient punishment creates a vicious cycle of repeated sexual crimes.

This heated public opinion stems from the Seoul High Court Criminal Division 10 (Presiding Judge Lee Jae-hee) overturning the original sentence of 13 years imprisonment and sentencing 42-year-old Lee (male), who was detained and indicted on charges of sexual intercourse by coercion with a minor under 13 under the Sexual Violence Punishment Act, to 10 years imprisonment on the 30th of last month. The court stated as a reason for sentencing, "Lee made serious efforts to restore the victim by additionally paying 400 million won during the appeal trial." On mom cafes, comments criticizing the reduced sentence included, "The child who was abused by her father will live a lifetime in sorrow; what does 400 million won matter?"

Despite this, the prevailing view inside and outside the court is that "the sentencing has reasonable grounds." According to the Supreme Court sentencing guidelines, the crime of sexual intercourse by coercion with a minor under 13 under the Sexual Violence Punishment Act typically results in a sentence of 8 to 12 years imprisonment. If mitigating factors such as efforts to restore the victim are applied, a sentence of 6 to 9 years imprisonment is possible. The victim A’s lawyer said after the appeal ruling, "Although Lee is despicable, I understand the court’s decision to reduce the sentence." A’s lawyer also stated, "There is nothing more to dispute; the case is effectively closed." While it is possible to appeal to the Supreme Court on grounds of excessive sentencing for sentences over 10 years, since the original ruling falls within the sentencing guideline range, it is interpreted that the Supreme Court is likely to dismiss the appeal.

Last year, following the emergence of digital sex crime cases such as the so-called ‘n번방’ (Nth Room) case, the Supreme Court significantly strengthened sentencing guidelines. However, there are criticisms that despite ongoing trials in various courts nationwide regarding parental sexual violence against young children, these cases are being neglected. Previously, the Seoul Eastern District Court sentenced a man to 7 years imprisonment last month for sexually assaulting his daughter in her 20s. In the same month, the Daejeon District Court sentenced a man to 13 years imprisonment for sexually assaulting his two daughters aged 7 and 8.

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