[Newsmaker] Inha University student sentenced to 20 years prison for rape resulting in death

A court sentenced 20 years to the perpetrator charged with raping and causing the death of schoolmate at a university campus in July last year, Thursday. Instead of murder, a charge of "quasi-rape" resulting in death was applied, implying that the court judged that the perpetrator did not intentionally cause the victim’s death.

Article 299 of the Criminal Act defines quasi-rape as sexual intercourse or an indecent act "by taking advantage of the other's condition of unconsciousness or inability to resist."

Incheon District Court sentenced 20 years in prison to the 21-year-old former Inha University student for his attempt to rape another student that caused her to fall to her death, at the Inha University campus in Michuhol-gu, Incheon, on July 15, 2022. He fled to his home when the victim fell from the hallway window, but was arrested by police later in the day. The perpetrator was a student at Inha University at the time of the crime, but was expelled after the incident.

A key issue in this case was the application of murder charges. The prosecution claimed the perpetrator had committed murder by willful negligence, arguing he had pushed the victim out of the building while fully aware of the possibility of death.

However, the court charged the perpetrator with quasi-rape resulting in death, believing there was no sufficient evidence to believe the perpetrator had directly pushed the victim.

The court said, "It does not appear that the accused, who was drunk at the time, recognized the danger of his actions. There is no benefit that the perpetrator would gain from the victim's death, and it is difficult to admit that he tried to kill the victim even at the risk of serious punishment."

The court also considered that the perpetrator did not try to conceal the crime, citing that he left his cellphone, ID card, the victim's cellphone and wallet at the site of the woman's fall.

However, the court sentenced him to 20 years in prison, which is higher than the recommended sentence for rape causing death -- which is 11 to 14 years in Korea -- judging that his crime was extremely cruel.

"The perpetrator did not fulfill the minimum duty as a human being. He did not report to medical institutions or police even after finding the victim who collapsed after the fall," the court said.

Beyond the prison sentence, the court also ordered him to undergo 80 hours of sexual violence treatment programs and prohibited him from working at institutions related to children, teenagers or the disabled for 10 years.