Man in his 30s accused of sexual crimes against minors... Why was he acquitted in a formal trial?

It was revealed that the meeting was deceived by a fake ID, resulting in the application of the Fraudulent Cheating Act.

A man in his 30s who was reported for a sex crime after being deceived by a fake ID and engaging in skinship with a minor was found not guilty.

The 5th Criminal Division of the Busan District Court (Chief Judge Jang Ki-seok) announced on the 27th that it had found Mr. A (30) not guilty on charges of rape and attempted rape.

Mr. A was handed over to trial on charges of attempting to skinship and having sexual intercourse with victim B (15 at the time) whom he first saw after a drinking party with acquaintances on December 13, 2022.

Mr. A attempted to kiss Ms. B during their first meeting, but after the attempt ended, he is accused of taking Ms. B, who was drunk, to a motel on the 16th of the same month and raping her.

Ms. B reported that she was raped after the incident, while Mr. A claimed that there was no sexual intercourse.

At the trial, Mr. A's legal representative argued that the victim's statement was inconsistent, that there was no objective evidence to support the statement, and that after the incident, the victim was showing abnormal reactions, such as being reluctant to allow those involved in the incident to appear as witnesses.

Previously, during the investigation, Mr. A stated that he lied to Ms. B that she was a minor and proposed a meeting.

Mr. A's legal representative proved that Ms. B lied about her age by showing a fake ID to Mr. A, and that Mr. A was not aware that Ms. B was a minor.

The prosecution decided that there was no evidence to prove that Mr. A recognized that Ms. B was a child or adolescent at the time of the incident, and decided not to indict him on the charge.

The legal representative in the caseKim Geun-soo, chief general counsel at Daeryun Law Firm (Lihan), explained, "We often come across cases where a person is unfairly accused of being a rapist. In particular, there are many cases where minors lie about their age and approach someone," adding, "There are also many cases where a person files a complaint to demand money even though he or she has not been the victim of a sexual crime. Even if a person claims innocence after becoming a suspect, it is not easy to prove innocence because the case investigation is centered on the victim's statement."

Attorney Kim continued, "If the person claiming the damage is not able to properly defend themselves even if their statements are inconsistent and unreliable, it will lead to a trial. This case is a case where this was exploited and unfairly reported. Fortunately, we were recognized at the prosecution stage for failing to recognize that she was a minor, and were able to be acquitted by proving that she did not rape at the trial."

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