A man in his 30s accused of committing a sex crime against his wife's friend was sentenced to prison following a jury trial.
According to the legal community on the 11th, the Busan District Court the previous day sentenced A, a man in his 30s indicted on charges of quasi-rape by fraudulent means, to two years and six months in prison. The court also ordered him to complete a 40-hour sexual violence treatment program and imposed three-year employment restrictions at institutions related to children, adolescents, and the disabled.
A is accused of committing a sex crime, including touching the body of B, his wife's friend, at his residence in Busan on the morning of March 27 last year.
B had been friends with A's wife, C, for 10 years. B had been drinking with C near Gwangalli Beach from the night before the incident. B then went to their home at C's suggestion, drank more with the couple, and fell asleep on the living room sofa, when A allegedly committed the crime.
The case proceeded as a jury trial at A's request.
With A fully denying the charges, there were no witnesses nor any footage capturing the crime. As a result, the central issue in the ruling became which side's statement — the victim's or the defendant's — held greater credibility.
Prosecutors argued that the victim's statement was consistent and specific from the early stages of the investigation through the court proceedings, that the circumstances of the report were natural, and that there was no motive to file a false complaint. They also pointed out that it was difficult to understand how A apologized to the victim immediately after the incident but later changed his position.
The defense, on the other hand, argued that the crime never took place, countering that there were some inconsistencies in the victim's statement and circumstances suggesting the memory was being pieced together. The defense also emphasized that A had actively sought to prove his innocence during the investigation.
Of the seven jurors, four found him guilty and three found him not guilty.
The court recognized his guilt, saying, "The victim's statement is consistent and specific in its main content from the investigative agency through the court, and it is difficult to find mutually contradictory parts."
The court explained its sentencing rationale, adding, "The defendant's culpability is heavy, the victim and family appear to have suffered severe mental anguish from this case, and no measures for recovery of the damage have been taken to date."
However, the court did not detain A in court, saying, "There is a need to grant an opportunity for recovery of the damage." This trial was the second jury trial held in Busan this year, with the verdict handed down after about 12 hours of deliberation.
