▲ Kim, head of the 'Saekdongwon' facility
The head of a residential facility for severely developmentally disabled individuals in Incheon, who has been accused of sexually assaulting residents, has received a heavy prison sentence in the first trial.
The 29th Criminal Division of the Seoul Central District Court, presided over by Senior Judge Eom Gi-pyo, sentenced Kim, who was indicted and detained on charges including violations of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, to 15 years in prison.
The court also issued orders restricting Kim from employment in institutions related to children, adolescents, and disabled individuals, and placed him under probation.
The court found Kim guilty on all charges, which included sexually assaulting three residents at Saekdongwon located in Ganghwa-gun, Incheon, and injuring one of the victims by throwing a glass cup at her head after she rejected his advances.
This ruling came after the court recognized the statements of the sexual assault victims as credible.
However, the court acquitted Kim of the charge of rape of a protected person with disabilities regarding the crime committed against one of the victims, ruling that while it constitutes a violation of the Welfare of Persons with Disabilities Act, the specific charge of rape was not established.
The court explained, "There is no doubt that the act constitutes a sexual violence offense that causes sexual humiliation to a person with disabilities, violating the Welfare of Persons with Disabilities Act," but added, "For the crime of rape to be established, there must be violence or intimidation that renders the victim incapable of resisting, and it cannot be concluded that such violence or intimidation was present."
Regarding the reasoning for the sentencing, the court pointed out, "There is a need to impose strict penalties for sex crimes targeting individuals with disabilities, who are socially vulnerable."
(Photo: Yonhap News)
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