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Criminal · School Violence · Damages
Victim Representation — Attempted Sexual Assault by Penetration in a College Senior's Studio Apartment
1. Case Overview
After drinking with the victim, a younger student from his university, the defendant took her to his studio apartment while she was passed out drunk and attempted sexual assault by penetration. Exploiting her inability to resist, he touched her genitals and attempted digital penetration, but the victim awoke midway and the crime remained an attempt.
The victim suffered severe psychological shock immediately after the incident and, fearing the judgment of those around her and social stigma, hid what had happened and endured the pain alone. On the basis of her consistent account of the events and medical records documenting her psychological condition, the court found the defendant liable.
2. DAEON's Strategy
Respecting the victim's courage in deciding to take legal action despite her psychological turmoil and fear, I provided careful, victim-centered support at every stage, from filing the complaint through organizing the evidence, preparing her statements, and handling the trial.
With the perpetrator insisting to the end that it was a 'consensual act,' I turned the circumstances of the victim's non-consent, her inability to resist, and the changes in her behavior before and after the incident into evidence, and presented them in court as a persuasive case.
I also stressed that a victim who deals with the settlement process directly can face psychological pressure or disadvantage, and even where a settlement was on the table, I held firm to fair standards and a recovery-centered strategy for the victim. In this case, the defendant showed no remorse whatsoever, so I judged that pressing for a prison sentence without a settlement was the right strategy and pursued it.
Whether or not a settlement is reached in a sex crime case is a critical factor that can directly determine the severity of punishment. But to ensure the process does not become yet another source of pain for the victim, the strategic coordination and legal assistance of an experienced attorney are indispensable.
I fought to preserve the victim's dignity to the end, and this case concluded with a prison sentence.
3. Result - 1 Yr 6 Mo Prison / KRW 40M Settlement
Shin Dong-woo