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Man charged with raping niece over several years files appeal with top court

Published: 01 Sep. 2025, 10:18 Updated: 01 Sep. 2025, 20:19

An image of a statue of Justitia, the goddess of justice [KOREA JOONGANG DAILY]

A man in his 50s who was sentenced to nine years in prison for allegedly raping his niece over several years has filed an appeal with the Supreme Court, challenging a ruling that overturned his earlier acquittal.

According to legal sources on Monday, the man recently submitted an appeal through his lawyer after being convicted in a retrial by the Daejeon High Court for rape.

He was indicted on charges of raping the woman, now in her 30s, on multiple occasions between May 2015 and February 2018.

The woman had been living alone since 1999 when her parents divorced and her father died. She was taken in by her maternal uncle and allowed to live and work at his video rental shop.

The man allegedly began controlling her daily life and verbally abusing her after learning that she was seeing a boyfriend — accusing her of being "unfaithful," yelling at her and throwing objects.

Prosecutors argued that beginning at age 19, the woman was subjected to threats and coercion by her uncle and became unable to defend herself, adding that she was repeatedly raped during the following years.

However, a district court acquitted the man, citing the woman’s ability to live independently. It noted that she had participated in swimming competitions and consistently attended both school and work, concluding that she was not in a position of economic dependence or unable to defend herself.

The appeals court upheld that decision, even after prosecutors added a secondary charge of quasi-rape by a relative.

But the Supreme Court overturned the ruling, stating that the lower courts had focused too narrowly on select aspects of the woman’s behavior and failed to consider the broader context of dominance and subjugation that led to the sexual acts. The case was sent back to the Daejeon High Court.

In the retrial, the high court sentenced the man to nine years in prison and ordered him to be detained immediately.

“Even if the victim appeared independent and proactive in her hobbies and social life during the period of abuse, it is difficult to conclude that she had escaped the state of control she was in,” the court said. “Considering that she had to repeatedly engage in sexual acts solely according to the defendant’s decisions, the crime is extremely serious and egregious.”

This article was originally written in Korean and translated by a bilingual reporter with the help of generative AI tools. It was then edited by a native English-speaking editor. All AI-assisted translations are reviewed and refined by our newsroom.
BY JUNG SI-NAE [[email protected]]