According to the Korean legal community, the Busan District Court has ruled in favor of the plaintiff in a lawsuit filed by the victim against the perpetrator, defendant Lee, seeking 100 million won in damages.
Because defendant Lee never appeared in court or submitted a statement of opinion during the course of the litigation, the court ruled that the defendant's allegations were false, and awarded the plaintiff's entire claim.
Defendant I was dissatisfied with this decision and filed an appeal, but because he did not pay the stamp duty and service fee required for the appeal, he was served with an order dismissing the complaint.
After receiving the order to dismiss the appeal, the defendant must pay the stamp duty and service fee for the appeal or file the appeal again within 14 days.
However, due to the nature of civil litigation, even if a final judgment is issued, it is not easy to seize or enforce the judgment if the defendant does not have any assets.
On May 22, 2022, at around 5 a.m., the defendant Lee followed the victim for about 10 minutes while she was returning home in Busan with the intention of sexually assaulting her, and then took her to an officetel (a residential/office complex).
The Supreme Court upheld a 20-year prison sentence for Lee, who was initially charged with attempted murder, but in the appeal hearing, the prosecution decided that he had been in a criminal case at the time of the incident.
After obtaining additional evidence, such as detecting Lee's DNA on the victim's jeans, the indictment was changed to a charge of attempted rape and murder.
The prosecution said that the defendant tried to remove the victim's clothes after she lost consciousness and sexually assault her, but fled when he sensed someone's presence.
The defendant claimed in court that he had no intention of killing the victim. However, the court ruled that "he relentlessly attacked the defenseless victim, causing her to faint, and sexually assaulted her."
The court ruled that "there was an attempt to commit murder." The victim, meanwhile, has filed a lawsuit against the government for damages, accusing it of being responsible for the shoddy investigation.
2024/10/21 11:40 KST
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