Update: B.A.P’s Himchan Receives Prison Sentence For Indecent Act By Compulsion + Files Appeal
Updated March 9 KST:
According to reports on March 8 citing legal sources, B.A.P’s Himchan filed a written appeal on February 25 protesting the sentence he received in his first trial. It’s reported that the next day, the prosecution also filed an appeal, and so an appellate trial will be held.
B.A.P’s Himchan has been sentenced to prison in his first trial over charges of indecent act by compulsion.
On February 24, the Seoul Central District Court sentenced Himchan to 10 months in prison. He has also been ordered to complete 40 hours of a sexual violence treatment program.
“According to the examined evidence, the victim’s testimony is credible and supports the facts charged,” stated Judge Jung Sung Wan. “For this reason, the defendant is found guilty on the facts charged.”
“Considering the details of the defendant’s crime, the crime is serious and he has also not been forgiven by the victim,” the judge stated. “While the defendant is being sentenced to prison today, the court is not placing him in detention so that he is given a chance to seek forgiveness from the victim.”
Himchan was charged with committing an indecent act by compulsion against a woman in her twenties (hereafter referred to as “A”) at a guest house in Namyangju on July 24, 2018. According to A, there had been three men and three women—including herself and Himchan—drinking together at the house at the time of the incident.
A stated that the indecent act had taken place without her consent, while Himchan’s side stated that a misunderstanding had occurred when he was with an acquaintance and friends after being invited by the acquaintance. In August of 2019, Himchan reportedly filed a criminal complaint against A for suspicions of joint blackmail, and A was forwarded to the prosecution by the police with a recommendation for indictment.
During Himchan’s trial in July 2019, his lawyer stated, “There were feelings of interest between the two. It wasn’t explicit consent, but there was implied consent, which is why it is not indecent act by compulsion.”