Classmate sentenced to 20 years in prison for ``Inha University sexual assault death''...no murder charge = South Korea

A man in his 20s accused of sexually assaulting a female student by pushing her out of a window on the campus of Inha University has been sentenced to 20 years in prison.
Ta. However, the court found it difficult to believe that there was an unavoidable intention to commit murder, and applied the crime of quasi-rape resulting in death, such as rape, which is not murder.
On the 26th, the South Korean Supreme Court ruled that Kim (21, a first-year student at Inha University at the time of the incident) is accused of rape and murder.
The lower court ruled that the defendant was charged with quasi-rape resulting in death and sentenced to 20 years in prison. Defendant Kim at the time was aware of or could have foreseen the possibility or danger that the female student would die as a result of his actions.
However, it is difficult to imagine that this has been proven beyond a shadow of a doubt. At around 1 a.m. on July 15 last year, Kim was drunk and unconscious on the second and third floors of the college on the campus of Inha University in Incheon.
He is accused of sexually assaulting his classmate, Mr. A (19), who had no children, by pushing her out of a window and causing her death. At that time, defendant Kim drank alcohol with Mr. A at a restaurant and then dropped him off at school.
He is said to have committed the crime on his way there. Defendant Kim used Mr. A's cell phone to illegally film the other person, such as inducing the other person to respond as if it was a consensual sexual relationship, in order to hide his own crime.
It was reported that Mr. A was left on the street for about two hours in the middle of the night, and was discovered by a passing student and taken to a hospital, where he later died.
The trial court determined that Kim had no intention of committing the murder, and sentenced him to quasi-rape resulting in death.
He was sentenced to 20 years in the role. The First Instance Trial Chamber held that, ``While rape can be found in the rape and other murder charges brought by the prosecution, it is difficult to imagine that there was an unavoidable intention to commit murder.''
However, the judge judged that the crime was serious, including trying to cover up his own crime, and emphasized that a heavy sentence was necessary. The court said, ``Kim was an ordinary classmate at school who occasionally ate and drank.
In order to use Mr. A as a tool to relieve his sexual desire and to cover up the crime of quasi-rape, Mr. crashed
Not only did they not take any action when they found him lying on the ground, but they also failed to do the bare minimum of human decency by not notifying the police and fire department."
The second trial court also applied the crime of quasi-rape resulting in death rather than murder. The trial chamber clarified, ``The evidence presented by the prosecutor alone is not enough to convict him of murder.'' Also,
``Mr. A's brutal death was a direct result of Kim's brutal sexual assault,'' the statement continued, ``About two hours after Mr. A crashed, he was discovered by another student who was passing by.'' Don't let it happen
The mental and physical pain and fear that Mr. A endured in such a short period of time is immeasurable.'' The Supreme Court held similarly. The Trial Chamber stated that ``the trial court's decision violates the laws of logic and experience.''
He did not make the mistake of overstepping the limits of the free-spirit principle or misunderstanding the legal doctrine regarding the intent to commit murder and the adequacy of testimony."