Father who raped 12-year-old daughter gets 10 years on appeal

A man in his 40s who raped his 12-year-old daughter had his 10-year prison sentence upheld on appeal.

The first criminal division of the Seoul High Court's Chuncheon branch, presided over by Judge Lee Eun-hye, dismissed the appeal filed by the defendant, identified only as A, 42, and upheld the original sentence under the Act on Special Cases Concerning the Punishment of Sexual Violence Crimes.

A was indicted on charges of calling his daughter, identified as B, into the master bedroom of his home in Gangwon Province and raping her between September and October 2022, when she was 12 years old. After the assaults, he told her, "I'm sorry. Don't tell anyone," according to investigators.

The crimes did not come to light until nearly two years later. In December 2024, B was moved to a protective facility after suffering physical abuse at A's hands, and she later disclosed the sexual violence during a counseling session.

A admitted that some physical contact had occurred but denied that it constituted rape. During the first trial, he submitted letters of apology 24 times, appealing for leniency.

The first-instance court rejected that argument. "The defendant had a duty and responsibility to care for his child so she could grow up properly, yet he sexually assaulted the victim when she was only 12 years old," the court said. "Taking into account the nature and details of the crime and his relationship with the victim, his culpability is extremely grave."

The court also noted that A had not been forgiven by the victim and sentenced him to 10 years in prison.

A appealed, citing factual error, misapplication of law and an excessive sentence, but the appellate court rejected all three grounds.

The appeals court said the victim had given "specific and credible testimony from the police investigation through to the original trial," adding that she had understood the intent of investigators' questions and answered accordingly, and that her statements could not be considered retracted.

The court added that "taking into account the nature and details of the crime, the victim's age, and her relationship with the defendant, his culpability is extremely grave." It said the victim appeared to have suffered considerable psychological trauma, yet the harm had not been remedied even by the time of the appeal.