A "Game of Chance"... The Truth Behind the CCTV Footage of an Ansan Pub Case

Similar Cases, Vastly Different Outcomes: Why?

On the broadcast of SBS "Unanswered Questions" on the 15th, the program tracked the cases of two victims who suffered sexual violence.


At 3:00 a.m. on February 21, an emergency call was placed to 119 in Ansan, Gyeonggi Province. A female voice was heard saying she no longer had the will to live and would make an extreme choice.

Danbi, a 20-year-old who dreamed of becoming a police officer, left a final farewell message to her mother and jumped from a side where no air mat was installed, resulting in her death.


It was a sudden death of her daughter. However, it was later revealed that Danbi had reported being sexually assaulted by the owner of the pub where she worked part-time, and that a decision not to refer the case to the prosecution had been made shortly before her death.

Around 4:00 a.m. on December 28 of last year, a staff gathering began at the pub where Danbi worked. Afterwards, the other employees left early, leaving Danbi alone with the owner in his 40s. Danbi later claimed that the owner dragged her into a CCTV blind spot and sexually assaulted her.


However, two months later, the police decided not to forward the case, citing a lack of charges. The police judged that Danbi's appearance captured on CCTV did not show her in a state of incapacity to resist, concluding that the sexual intercourse was consensual.

Danbi, who confessed to being sexually assaulted to a friend immediately after leaving the pub at the time, subsequently filed a report along with her friend and even visited an obstetrics and gynecology clinic for an examination.

Nevertheless, the police reportedly determined that there was consent for the sexual relationship based on footage of Danbi leaving the pub with a smile and scenes showing the two engaging in physical affection prior to the intercourse. In particular, regarding quasi-rape—which Danbi accused the owner of, wherein a victim is targeted while unconscious—the police judged that Danbi's state did not amount to mental and physical loss of consciousness.

In response, the bereaved family pointed out that Danbi's medical records had been omitted during the investigation process. They specifically noted that Danbi had been taking psychiatric medication for depression and other conditions at the time.


An expert stated that taking psychiatric medication and alcohol together amplifies their interaction, which in turn paralyzes judgment capabilities.

Another expert expressed regret, saying, "Based on the physical affection before the relation and statements from companions, it was judged difficult to perceive that the perpetrator recognized the victim's state of mental and physical incapacity and took advantage of it. However, a process should have been undertaken to verify whether the perpetrator's claims were true."

The expert added, "Since the two were in an employment relationship, the crime of rape by taking advantage of influence could have been sufficiently reviewed. Instead of dismissing the case as groundless right away without such reviews, they should have examined whether the crime was established," noting that the police seemed to have made a hasty judgment.

In particular, they pointed out it was unfortunate that the victim's statement was taken only while she was heavily intoxicated.


Jung Yeon-soo, another victim, stated she was subjected to gang rape during her third year of middle school. After becoming an adult, she suffered extreme distress due to the circulation of her victim footage and mustered the courage to file a complaint against the perpetrators.

However, the police decided not to forward the case, citing that the statute of limitations had expired for the assault and that there was insufficient evidence for the sexual violence.


Yeon-soo subsequently gathered evidence on her own. Perhaps thanks to her publicizing the case and actively collecting evidence, the prosecution ordered a reinvestigation, which ultimately led to all perpetrators being found guilty and sentenced to prison terms.

Regarding this, an expert pointed out institutional limitations, stating, "It is undeniable that a prosecutor's supplementary investigation is like salvation or a light saving a life to a victim. Our Constitution specifies that the state has a duty to protect citizens from risks such as crimes and disasters. Yet, for a victim to have to go around finding evidence, substantiating it, and clarifying it themselves? That is a contradiction."

Experts who expressed regret over the police's judgment in Danbi's case also spoke about the limitations faced by police investigation departments in the field. They expressed regret over the reality that the quality of investigations inevitably deteriorates due to increased work burdens caused by staff shortages.


The recently implemented amendment to the Criminal Procedure Act was enacted based on a public consensus that abuses of investigative authority by the prosecution needed to be prevented, following controversies over such overreaches.

However, voices of concern are also growing over granting the police a monopoly on investigative powers while excluding the positive functions of prosecutorial investigations.

Accordingly, the broadcast emphasized the need to improve the reality of victim protection resulting from such legal amendments, stating, "We hope measures will be devised to minimize side effects that may arise if a single agency monopolizes investigations."

In particular, it expressed hope that measures such as expanding police personnel and alleviating their grievances would definitely be implemented as one of those solutions.

(Hyo-jung Kim, Editor)
※ Please note: This article was translated by AI and may contain errors.