A, sentenced to 12 years in prison in the first trial, appeals as 'intoxicated and mentally impaired'... Second trial sentences 15 years in prison

The 1st Criminal Division of the Busan High Court (Presiding Judge Park Jong-hoon) overturned the original sentence of 12 years imprisonment and sentenced A (in his 60s), who was indicted for violating the Special Act on the Punishment of Sexual Crimes, to 15 years imprisonment in the appeal trial. <br>[Image source=Yonhap News]

The 1st Criminal Division of the Busan High Court (Presiding Judge Park Jong-hoon) overturned the original sentence of 12 years imprisonment and sentenced A (in his 60s), who was indicted for violating the Special Act on the Punishment of Sexual Crimes, to 15 years imprisonment in the appeal trial.
[Image source=Yonhap News]

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[Asia Economy Reporter Kim Soyoung] A man in his 60s who confined a young elementary school boy he met by chance on the street and committed a sexual crime was sentenced to a heavy punishment again in the appellate court.


On the 1st, the 1st Criminal Division of the Busan High Court (Chief Judge Park Jonghoon) announced that it overturned the original sentence of 12 years imprisonment and sentenced Mr. A (in his 60s), who was indicted for violating the Special Act on the Punishment of Sexual Crimes, to 15 years imprisonment in the appeal trial.


Along with this, he was ordered to be banned from employment at child and youth-related institutions and welfare facilities for the disabled for 10 years, ordered to disclose and notify personal information, and ordered to wear an electronic tracking device (electronic anklet) for 30 years.


At the time of the incident, Mr. A is accused of threatening an elementary school boy walking on the street, moving him to his residence, and confining him for 8 hours. After confining the victim, he also committed various perverted obscene acts.


Mr. A scored a total of 29 points, corresponding to the 'suspected group of alcohol use disorder' in the alcohol use disorder screening test. He also scored 22 points, indicating a 'high' risk of sexual crime recidivism, in the Korean Sexual Offender Risk Assessment Scale (K-SORAS).


The first trial court sentenced Mr. A to 12 years imprisonment. Mr. A appealed on the grounds that he was intoxicated and in a state of diminished mental capacity at the time of the crime, while the prosecution appealed, arguing that the sentence was too light.


However, the second trial court judged that considering the recidivism risk assessment results, the defendant’s motive, target, and means of the crime comprehensively, there is a risk that he may commit kidnapping crimes against minors again.


The second trial court stated, "Although it is acknowledged that the defendant was intoxicated, considering the circumstances and details of the crime and that he remembers and specifically testified about much of what he said, it does not appear that he was in a state of diminished mental capacity."


It added, "The defendant has a history of being punished three times for forcibly molesting men before this case. In particular, about 20 years ago, he was sentenced to two years imprisonment for luring a minor to his residence and forcibly molesting him, similar to this case."



Furthermore, "The defendant caused mental suffering to a young boy for his distorted sexual desires. There is concern that the victim will carry an indelible scar for life due to this crime," and "The victim’s parents have repeatedly petitioned for severe punishment," explaining the reasons for the sentencing.


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

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