[Reporter Se-yeon Park, Daily Economy Star Today]
The Supreme Court dismissed the appeal of actor Kang Ji-hwan (real name Cho Tae-gyu, 43), who was charged with semi-forced harassment, and convicted. The conclusive evidence was DNA from the victim’s sanitary pad.
On the morning of the 5th, the Supreme Court held a ruling for appeals on charges of Kang Ji-hwan’s semi-forced harassment. At the appeal that day, which was conducted by Kang Ji-hwan’s appeal, the court dismissed Kang Ji-hwan’s appeal.
The Supreme Court noted that DNA was found in the victim’s sanitary napkin in response to Kang Ji-hwan’s suspicion of semi-forced harassment. In addition, it judged that the victim’s statement was specific and consistent, and rejected the allegation of lack of credibility in the victim’s statement that raised the issue of Kang Ji-hwan’s side.
The judge said, “The genotype of Kang was not detected outside the underwear worn by the victim, but the genotype of the defendant was detected on a sanitary pad.”
“The victim consistently states Kang’s actions at the time of the crime, the feelings the victim felt, the situation he awakened right after the assault, and the victim’s response to it, and the victim’s posthumously. In addition to the fact that it is difficult to exclude the credibility of the victim’s statement only on the basis of receiving a large settlement money from Mr. Kang, there is no fault in the court judgment that convicted Kang’s semi-forced harassment charges,” he confirmed.
As for the quasi-rape allegations, as Kang Ji-hwan did not appeal, he did not quarrel. As a result, the sentence of three years probation was confirmed in June of two years imprisoned by the courts of the first and second trials on Kang Ji-hwan.
On July 9, last year, Kang Ji-hwan was arrested for sexual assault and harassment of two outsourced staff women at his home in Opo-eup, Gwangju-si, Gyeonggi-do. After drinking alcohol with two outsourced staff women helping her filming, they entered the room where they were sleeping and raped one staff member and sexually assaulted another staff member (semi-rape and semi-forced harassment).
At the first trial, Kang Ji-hwan was sentenced to two years in prison and three years probation, and was released from arrest. However, the prosecution appealed and Kang Ji-hwan also appealed, and the trial was followed by a second trial. The second trial court sentenced Kang Ji-hwan to three years of probation in two years and June of imprisonment, but Kang Ji-hwan objected and filed an appeal.
The reasons for the appeal revealed by Kang Ji-Hwan are that the victim was not in an irresistible state at the time of the incident, that the victim’s DNA was not detected in Kang Ji-hwan’s body, and the testimony of the victims was overturned during the prosecution investigation and first trial. There was a problem with it.
Immediately after the appeal, most of the public opinion was negative with his decision, but afterwards, the victims’ actions were revealed through CCTV inside Kang Ji-hwan’s home, and the fact that Kang Ji-hwan’s DNA was detected from the victims, but the fact that the semen reaction was negative was revealed later, and public opinion reversed. Some pointed out that it was a ‘sex sensibility’ judgment that weighed on the victim’s voice rather than the evidence.
Subsequently, the claim that there was not enough evidence to support Kang Ji-hwan’s allegations was weighed, and the possibility of the case overturning was raised. However, as the final trial court admitted Kang Ji-hwan’s charges as guilty on this day, Kang Ji-hwan could not take off the stigma of ‘sexual assault’.
[Ⓒmottokorea All rights reserved]