Stepdaughter with intellectual disability abused... Couple stole salary and molested her for 7 years
Sentence reduced on appeal... 6 months imprisonment
Court: "Settlement reached with victim in this trial"
A couple in their 70s who committed sexual violence against their stepdaughter with an intellectual disability level 3 and embezzled her salary amounting to 80 million won over seven years received reduced sentences in the appellate court.
On the 25th, the Chuncheon District Court Criminal Division 1 (Presiding Judge Shim Hyun-geun) overturned the original sentence that sentenced Mr. A (73) and her husband Mr. B (74), who were charged with embezzlement, to one year and one year and six months in prison respectively, and sentenced them each to 10 months in prison.
The couple, who operated a welfare facility, were tried on charges of embezzling about 79.8 million won in salary and allowances received by their stepdaughter Ms. C from March 2009 to July 2016 by withdrawing or transferring cash 95 times.
They began committing the crime just a week after making Ms. C their stepdaughter on March 3, 2009. The couple took advantage of Ms. C’s intellectual disability level 3 and collected the salary and allowances she received from the welfare facility they operated under the pretext of monthly wages.
During the trial, the defendants denied their charges, claiming, "Ms. C managed the bank account involved in this case, withdrew money herself, or gave consent for its use, so there was no embezzlement." However, the court did not accept this.
The court judged it reasonable to view that the couple embezzled by exploiting their position, Ms. C’s intellectual disability, and her mental and physical disability caused by continuous sexual violence crimes. In fact, Mr. B was sentenced to three years and six months in prison last November for sexual assault against Ms. C under the Sexual Violence Punishment Act as a relative.
Previously, Mr. B was also sentenced to one year and six months in prison with a three-year probation for manslaughter by assault after he subdued a man who was causing a disturbance while intoxicated, whom they had been providing lodging and care for, resulting in the man’s death.
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The appellate court pointed out, "The defendants consistently made incomprehensible excuses until the investigation and trial, showing no remorse, which is unfavorable to them." Regarding the sentencing, the court explained, "However, considering that Ms. A is a first-time offender, Mr. B must be judged in balance with the sentences for forced molestation and manslaughter, and that the defendants reached a late settlement with the victim during the trial, the original sentence is considered somewhat heavy."
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