Woman Dragged to Motel Dies... Why Was the Perpetrator's Sentence Reduced in the Appeal Trial?
Appellate Court: "All Charges Including Detention Recognized, But Consideration Given to Settlement with Bereaved Family"
[Asia Economy Reporter Bang Je-il] The sentence of the male perpetrator involved in the case where a woman, trying to escape from a man dragging her into a motel, fell down the stairs and died, was halved in the appellate court.
The Criminal Division 1 of the Ulsan Branch of the Busan High Court (Presiding Judge Park Hae-bin) on the 14th overturned the original 10-year prison sentence and sentenced Mr. A, a man in his 40s who was tried on charges including rape resulting in death, to 5 years in prison.
The incident began last December when the victim, Ms. B, received a text message from Mr. A, the owner of a screen golf practice range in Ulsan she frequently visited, saying, "I spent some money because of you." Ms. B, who had received a similar message about three months earlier, replied, "You said that last time too, so I want to know what you mean," then visited the screen golf range and drank with Mr. A while talking.
Ms. B tried to escape from Mr. A, who was dragging her into a motel, but she fell down the stairs next to the entrance door and lost consciousness. Ms. B was transported to the hospital, diagnosed with brain death, and after battling her condition, passed away in January this year. The prosecution indicted Mr. A on charges of rape resulting in death, confinement resulting in death, and quasi-forcible molestation.
The first trial court recognized Mr. A's guilt, stating, "There was no fact that the two drank or dated together before the incident," and "The defendant must have guessed that an accident could occur as Ms. B, who was intoxicated on the day of the incident, tried to get away from him."
However, Mr. A appealed, claiming that he had no intention of sexual assault and that he could not have foreseen Ms. B’s death. The appellate court, like the original court, acknowledged all charges including Mr. A’s intent to confine and rape.
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However, the appellate court explained the reason for the sentence, saying, "The victim lost her life, and the bereaved family will carry the wound for life," but also "considered that the bereaved family reached a settlement and does not want punishment."
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