Man Who Sexually Assaulted a Teenager Met via Social Media... Acquitted in First Trial and Again on Appeal

Charged with luring a teenager to a motel and committing the crime... "Did not know she was a minor," he countered
The court: "The victim was difficult to identify as a minor by appearance... her testimony lacked consistency and was of low credibility"

A man indicted on charges of sexually assaulting a minor was acquitted on appeal, following an acquittal in the first trial.

On the 3rd, the Second Criminal Division of the Busan High Court (Changwon) dismissed the prosecution's appeal in the appellate hearing of A, a man in his 20s who had been indicted on charges of quasi-rape of a minor by presumption, upholding the original ruling of acquittal.

A was accused of taking teenager B, whom he met through social media in 2024, to a motel and sexually assaulting her. The prosecution referred the case to trial, believing that A committed the crime while clearly aware of B's age.

A denied the charges. He argued that B was wearing heavy makeup at the time and had a physique similar to that of an adult, so he did not perceive her as a minor. He also emphasized that there had only been light physical contact and no sexual assault, and that he left the motel immediately after learning her age.

The court of first instance acquitted A. The court stated, "The victim never directly disclosed her age to the defendant," adding, "Moreover, with a physique similar to that of an adult woman and smoking cigarettes, it would not have been easy for the defendant to recognize that she was a minor."

It continued, "The victim's testimony is also of low credibility, as it was inconsistent or included newly added content," adding, "It is difficult to conclude solely on these circumstances that the defendant committed the crime."

The prosecution appealed the first-instance ruling, but the appellate court likewise found the original judgment to be justified and dismissed the appeal.

Meanwhile, attorney Han Jong-hoon of the law firm Daeryun, who represented A, explained, "For the crime of quasi-rape of a minor by presumption to result in punishment, it must be presupposed that the defendant clearly recognized the other party as a minor," adding, "By actively presenting the objective circumstances under which A had no choice but to mistake B for an adult, we were able to clear him of the false accusation." whyjay@sportsseoul.com

Reporter Shin Jae-yu

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Man Who Sexually Assaulted a Teenager Met via Social Media... Acquitted in First Trial and Again on Appeal (Go to link)