By Lee Han-soo
The Supreme Court on Tuesday acquitted a Sri Lankan man, 51, who was identified as the culprit in an aggravated rape that happened 19 years ago.
The man stood trial after the prosecution re-opened its investigation of the case based on new evidence. But the man was freed because the crime exceeded the statute of limitations and because of the prosecution's lack of evidence to support the new allegations.
The case was based on an incident in Daegu on Oct. 17, 1998, when a college student, surnamed Jung, died after being hit by a 25-ton dump truck.
Police put it down to a simple traffic accident.
But the family insisted that police continue their investigation. This led to finding the culprit's DNA in Jung's underwear.
Based on this, the investigation proceeded, but the man was not found and the DNA samples were sent to the National Forensic Service.
The case was reopened when the man was arrested for sexually assaulting another woman in 2011.
His DNA matched the DNA found in Jung's underwear 13 years earlier.
The prosecution indicted him on an aggravated rape charge and a robbery charge -- which has a statute of limitations of 15 years -- claiming the man stole Jung's books and money after he raped and killed her.
The court acknowledged the rape charge, but acquitted the man as the case had passed the statute of limitations and the prosecution failed to provide sufficient evidence.
The statute of limitations for rape is five years, while it is 10 years for aggravated rape.
"There is no statute of limitation for this case until the truth is revealed on how my daughter died," Jung's father told the JoongAng Ilbo, a Korean news outlet. "I believe that someday the truth will be revealed if the laws are truly implemented in Korea."
The man is set to be deported after being sentenced to 18 months' jail, suspended for three-years, for a separate sexual assault case and driving without a license from 2008 to 2009.
The Supreme Court's decision has reignited the public outcry to abolish the statute of limitations and to bring criminals to justice no matter how much time has passed.
The Supreme Court on Tuesday acquitted a Sri Lankan man, 51, who was identified as the culprit in an aggravated rape that happened 19 years ago.
The man stood trial after the prosecution re-opened its investigation of the case based on new evidence. But the man was freed because the crime exceeded the statute of limitations and because of the prosecution's lack of evidence to support the new allegations.
The case was based on an incident in Daegu on Oct. 17, 1998, when a college student, surnamed Jung, died after being hit by a 25-ton dump truck.
Police put it down to a simple traffic accident.
But the family insisted that police continue their investigation. This led to finding the culprit's DNA in Jung's underwear.
Based on this, the investigation proceeded, but the man was not found and the DNA samples were sent to the National Forensic Service.
The case was reopened when the man was arrested for sexually assaulting another woman in 2011.
His DNA matched the DNA found in Jung's underwear 13 years earlier.
The prosecution indicted him on an aggravated rape charge and a robbery charge -- which has a statute of limitations of 15 years -- claiming the man stole Jung's books and money after he raped and killed her.
The court acknowledged the rape charge, but acquitted the man as the case had passed the statute of limitations and the prosecution failed to provide sufficient evidence.
The statute of limitations for rape is five years, while it is 10 years for aggravated rape.
"There is no statute of limitation for this case until the truth is revealed on how my daughter died," Jung's father told the JoongAng Ilbo, a Korean news outlet. "I believe that someday the truth will be revealed if the laws are truly implemented in Korea."
The man is set to be deported after being sentenced to 18 months' jail, suspended for three-years, for a separate sexual assault case and driving without a license from 2008 to 2009.
The Supreme Court's decision has reignited the public outcry to abolish the statute of limitations and to bring criminals to justice no matter how much time has passed.
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