Victim Gave Multiple Chances for Forgiveness but Promises Were Continuously Ignored
Appeal Court Sentences Defendant to 1 Year 6 Months, Citing Irreparable Sense of Betrayal

File photo. A man in his 20s who attempted to sexually assault a female friend from the same university but failed was sentenced to a heavier punishment in the appellate court than in the original trial. / Photo by Getty Images Bank

File photo. A man in his 20s who attempted to sexually assault a female friend from the same university but failed was sentenced to a heavier punishment in the appellate court than in the original trial. / Photo by Getty Images Bank

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[Asia Economy Reporter Kang Juhee] A man in his 20s who attempted to sexually assault a female university classmate but failed was sentenced to a heavier punishment in the appellate court than in the original trial.


The Criminal Division 1 of the Jeonju Branch of Gwangju High Court (Presiding Judge Kim Sungjoo) announced on the 2nd that it overturned the original sentence of 2 years imprisonment with 3 years probation for A, who was charged with attempted rape, and sentenced him to 1 year and 6 months in prison.


A was charged with attempting to rape his university friend B, who was asleep drunk, at a one-room apartment in Jeonbuk around 2:30 a.m. on November 29, 2018.


According to the court, A and B, who were friends, drank with other students from the same school starting from 11 p.m. the day before the incident.


That day, A took the intoxicated B to the one-room apartment, and when B was unable to control her body due to intoxication, he decided to attempt sexual assault.


However, B regained consciousness and resisted, and A’s crime was left as an attempt.


At the time, B suffered mental shock but decided not to report to the police considering A’s future. Instead, B demanded that A withdraw from the club they had joined together. However, A did not keep the promise and continued his school life.


Later, through the school counseling center, B expressed that if A took a leave of absence in March 2019, she would not proceed with criminal charges. However, A instead requested to postpone the leave of absence until February 2020.


B accepted this and agreed not to pursue criminal charges if A took a leave of absence in February 2020. However, A did not keep this promise either, and B eventually reported A to the police.


The first trial court sentenced A to 2 years imprisonment with 3 years probation, stating, "The victim gave a chance for forgiveness on the condition that the defendant would take a leave of absence, but the defendant did not properly fulfill this, and the nature of the crime is also serious."


The prosecution appealed, citing inappropriate sentencing, and the appellate court handed down a prison sentence.



The appellate court stated, "Although the defendant belatedly took a leave of absence from university, the aftereffects of the secondary damage felt by the victim and the degree of betrayal and distrust toward the defendant have already reached an irreversible level," and added, "When determining the sentence for this crime, which primarily protects the victim’s sexual self-determination rights, it is necessary to consider the victim’s intentions in a balanced manner."


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

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