Man in 20s appeals 5-year prison term for raping minor sister while parents were away

A man in his 20s convicted of raping his younger sister while their parents were out has appealed his first-instance sentence of five years in prison.

According to legal sources Wednesday, the Busan District Court's Western Branch sentenced the man, identified only as A, on charges of rape within a familial relationship. The court also ordered him to complete a 40-hour sexual violence treatment program and barred him from working at institutions serving children, adolescents and people with disabilities for seven years.

A was indicted on charges of assaulting and raping his younger sister, referred to as B, on two separate occasions — in January and October last year — each time while his parents were away from home.

The assault charges were dismissed after B indicated she did not wish to see him punished for that offense. Under South Korean law, assault cannot be prosecuted when the victim expresses a wish not to pursue punishment.

A denied the allegations during the police investigation but admitted to the charges once the case moved to the prosecution stage.

"The defendant used his own younger sister — a young victim — as a means to satisfy his sexual desires," the court said. "Taking into account the relationship between the defendant and the victim, the location of the crimes and their nature, his culpability is extremely grave and the grounds for moral condemnation are very strong."

The court added that the victim "suffered severe psychological trauma and there are serious concerns about whether she will be able to lead a normal life going forward." It also said A's initial denial during the police investigation appeared to have caused B additional suffering, as she faced blame from family members as a result.

In explaining the sentence, the court said it took into account mitigating factors: that A admitted to and showed remorse for the crimes from the prosecution stage onward, that he was a juvenile at the time of the offenses, that he had no prior criminal record, and that the victim had expressed a wish not to have him punished.

A has appealed the first-instance ruling. The first hearing of the appeal is scheduled at the Busan High Court on Aug. 19.