2023-12-22 15:03:00
[이데일리 박지혜 기자] Two years ago today, on December 23, 2021, the prosecution filed a claim for loss of parental rights by sending to trial fathers who “used their parental status as a means of committing a crime.”
Among them was Mr. A (38 at the time), who was accused of sexually assaulting his own daughter while suffering from AIDS (acquired immunodeficiency syndrome).
As a natural result, one year later, on February 22, 2022, the Daegu Family Court deprived Mr. A of his parental rights. It had been three years since he committed the crime.
From February to March 2019, Mr. A scared his daughter B, who was 8 years old at the time, and then sexually assaulted her several times.
Moreover, it was revealed that he committed the crime once morest his own daughter despite knowing that he was infected with the human immunodeficiency virus (HIV), which causes AIDS.
Mr. A’s crime was revealed during Ms. B’s consultation with the school teacher. The teacher who heard Ms. B’s story reported it to the police, leading to an investigation.
During the trial last year, Mr. A claimed, “I committed pseudo-rape but did not commit adultery,” and Mr. A’s spouse is said to have filed a petition asking for leniency from her husband.
However, the court did not accept Mr. A’s claim, saying, “The victim’s statement is so specific that it is difficult to say without experiencing it directly, considering her age and level of knowledge regarding sex, and it is difficult to find any irrational parts in the statement.”
Unrelated to the article (Photo = Image Today) In May last year, the Daegu District Court sentenced Mr. A to 12 years in prison and ordered him to undergo 40 hours of sexual violence treatment program.
Prior to this, the prosecution requested the court to impose 15 years in prison, 10 years of restrictions on course completion, disclosure of personal information, and employment restrictions.
The court said, “The defendant, who, as a biological father, has the responsibility to protect and raise her so that she can grow up healthily, abandoned that duty and committed acts of imitation, adultery, and intermediaries with her biological daughter in order to satisfy his own sexual desires, is a very serious crime.” “He pointed out.
At the same time, the reason for sentencing was stated, “We took into account the fact that the victim was not infected with HIV and that Mr. A was a first-time offender.”
Some criticized the fact that it was “the first sexual assault” to the defendant’s advantage.
Lee Eun-ui, a lawyer who specializes in sexual crimes, pointed this out in a series of columns published in Pressian in June last year, and pointed out that a victim who pleaded for severe punishment in the appellate trial of a quasi-rape case asked, “If the defendant is a first-time offender, what happened to me will be different and my wounds will be less? ?” was included in the statement.
Afterwards, Mr. A objected to the 12-year prison sentence, and the prosecution appealed, saying, “Without any particular reason, we dismissed the request for an order to disclose and notify personal information and to restrict employment at child and youth-related institutions,” but the result did not change.
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