My cousin, who suffered from brain lesions, committed adultery for several years... ‘Sentence commuted by appeal’

He was accused of molesting and committing adultery with a woman in her 30s on several occasions.
Law “Efforts to resolve amicably… The victim also expressed his intention not to seek punishment.”

A man accused of sexually assaulting and molesting his intellectually disabled cousin received a reduced sentence on appeal.

Last May, the Busan High Court overturned the original sentence of 4 years in prison in the appeal trial of Mr. A, a man in his 20s who was put on trial on charges of violating the Special Act on the Punishment of Sexual Violence Crimes (e.g., adultery with the disabled) and sentenced him to 3 years in prison and 5 years probation. He was also ordered to undergo probation and take 40 hours of sexual violence treatment classes.

Mr. A was accused of forcibly molesting and committing adultery with his cousin B, who has brain lesions, several times from 2019 to 2023. The first trial court sentenced Mr. A to four years in prison. The court explained, “The crime is more serious because it is a crime targeting a disabled victim,” and “The victim must have also suffered a great deal of pain.”

Mr. A filed an appeal on the grounds of unfair sentencing. The reason was that although it was true that he had sexual intercourse with Mr. B, it was not forced. In addition, Mr. A's side also emphasized that Mr. B expressed his intention not to be punished during the appeal process.

The appellate court accepted Mr. A’s argument. The court explained, “The defendant has no history of criminal punishment and appears to have made efforts to resolve the issue amicably, such as by depositing consolation money for the victim,” adding, “The victim also actively expressed that she does not want punishment for the defendant.”

Mr. A's legal representative, Law Firm Daeryun, explained, "We actually explained the friendly relationship between the two people and emphasized that this should be taken into consideration. We were able to obtain a lenient result by explaining favorable factors, such as Mr. A's possibility of rehabilitation, from various angles."

Reporter Kim Jong-cheol (jckim99@sportsseoul.com)

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My cousin, who suffered from brain lesions, committed adultery for years... ‘Sentence commuted’ through appeal hearing (link)