[Dispatch=Reporter Kim Ji-ho] Actor Oh Young-soo (82) has been acquitted in a final ruling by the Supreme Court. He has been engaged in legal disputes for 3 years and 7 months over allegations of sexual assault against a female ensemble member.

The Supreme Court's Third Division (presiding Justice Oh Seok-Jun) dismissed the prosecution's appeal on the 25th regarding the not guilty verdict from the appellate court (second trial). The court found the prosecution's reasons for appeal unlawful and rejected the appeal.

Oh Young-soo was indicted without detention in November 2022. In 2017, he faced trial on charges of committing sexual assault twice against a female ensemble member, identified as A, including embracing her and kissing her on the cheek in front of her residence.

He was found guilty in the first trial and acquitted in the second trial. The first trial sentenced him to eight months in prison with a suspended sentence of two years. The grounds included A's receipt of sexual violence counseling and notification to a close colleague, her diary entries, and Oh Young-soo's apology message.

However, the appellate court reached a different conclusion. It overturned the first trial verdict and issued an acquittal. The standard requires proof beyond reasonable doubt for acknowledging criminal facts. When there is doubt, the benefit of doubt must go to the defendant.

The appellate court stated, "There is doubt as to whether the defendant (Oh Young-soo) sexually assaulted A," and "It is also possible that A made her damage statement due to memory distortion."

For example, regarding the timing of when the embrace and kiss occurred. In the content A consulted at the sexual violence counseling center, both acts are recorded as occurring on the same day. However, A filed a complaint separating the dates of the embrace and kiss as different.

The appellate court made a different judgment regarding the specific conduct. When Oh Young-soo said, "Let me hug you once," it is suspected that A gave at least implicit consent.

The appellate court stated, "The act of embracing appears to have been with A's consent," and "It is difficult to find sexual assault constituted solely on the grounds that the intensity of the embrace was stronger than A expected."

Regarding the kiss in front of her residence, A stated, "I was trying to enter the password when the sensor light went out and it became dark. Then suddenly (the defendant) put his lips on my right cheek."

The appellate court also responded to this, stating, "The burden of proof for determining the credibility of the victim's testimony lies with the prosecution," and "There was no investigation whatsoever regarding the time the sensor light was on, or the possibility of the sensor light turning off when entering the password."

The appellate court also viewed Oh Young-soo's apology message as not unusual. It stated, "It appears the defendant understood the apology as an expression that there would be no further issue if he apologized," and "In context, there is considerable room to view it as a vague apology overall."

<Photo=Dispatch DB>