A man in his 20s who was put on trial on charges of attempted quasi-rape for sleeping with a woman he had a crush on and making physical contact was acquitted in the first trial with public participation, about four years after being accused.
According to the legal community on the 30th, the Seoul Western District Court’s Criminal Agreement Division 11 (Chief Judge Bae Seong-joong) declared Mr. A, a man in his 20s indicted without detention on charges of attempted quasi-rape, not guilty on the 16th in a public participation trial. The seven-member jury consisted of four men and three women, of whom five found not guilty. It took about 15 hours from the start of the trial to the sentencing.
According to the prosecution’s indictment, Mr. A was handed over to trial on charges of forcibly molesting Mr. Choi at the Seoul home of B, a woman in her 20s whom he knew, around 4 a.m. on July 30, 2018. The complaint against Mr. A was filed about a year after the incident.
The day before the incident, the two people had been drinking with a group of acquaintances and then went to Mr. B’s house separately and slept while drinking. Mr. B’s house was a two-story structure, and at the time of sleeping, Mr. A used the second floor and Mr. B used the first floor. Ms. B claimed that Mr. A, who was on the second floor, came down to her, touched his body, and tried to have sex with먹튀검증 her, but when she strongly refused, she stopped.
Person A said, “She did not intend to commit semi-rape, and although she did kiss and engage in skinship with Mr. B, with whom she had a relationship similar to that of a lover, she did not have sexual intercourse.” She said, “When Mr. B turned over, he stopped and she stayed in the same position “I slept in,” he countered.
The court said, “When looking at the evidence and related legal principles, it is difficult to accept that it has been proven beyond a reasonable doubt that Mr. Park tried to commit adultery with Ms. Choi, but Mr. B pushed him away, which ended in an attempt.” According to the court investigation, Mr. A and Mr. B had developed a friendship and goodwill even before the incident. In particular, Ms. B said she would not go to a gathering of acquaintances on the day of the incident, but she attended the gathering late at night because of the presence of Mr. A.
During the trial, Ms. B also repeatedly stated that “Mr. A touched her body and attempted to commit the crime,” but she failed to state in detail what happened during the four hours the two were together. On the other hand, Mr. A said that after she entered the house, she watched TV, brushed her teeth, and while sleeping, she heard the words “Oppa, it’s cold” and she went down to the first floor to look for Mr. B. This incident occurred, etc. She described the circumstances at the time in detail.
Mr. A said that immediately after the incident, she said to Mr. B, “She wanted to be her proud brother, but I am sorry for not being able to do that,” and during her trial, she first said things that could be detrimental to her. The court ruled, “There is room for interpretation of this as an expression of moral responsibility for engaging in skinship while the relationship between Mr. B and his ex-lover was not completely resolved, rather than an apology for the crime.” At a gathering with her acquaintances on the evening of the incident, Mr. A first said to Mr. B’s ex-lover, who was unaware of the circumstances, “I slept at Mr. B’s house yesterday.”
The court said, “Mr. B filed the complaint a year after the incident,” and “It is possible that he stated that he was ‘a victim of a sexual crime’ due to guilt about what happened with Mr. A while drunk while his relationship with his ex-lover was not completely resolved.” “It cannot be ruled out,” he pointed out. At the time Ms. A was sued, she was studying abroad, but when the fact of her accusation became known to the university, her study abroad was halted.
As the prosecution appealed, the case moved to the second trial.