Just because a person was arrested, it does not automatically mean they are guilty.
Guam Pacific Daily News
Byong Oh Kim is shown in his booking mugshot at the Guam Department of Corrections.(Photo: Department of Corrections)
A South Korean soccer player charged with sexual assault was allowed to return to South Korea for military service, pending his trial, according to a recent decision by Superior Court of Guam Judge Arthur Barcinas.
Byong Oh Kim is accused of sexually assaulting a woman on Jan. 22 at the LeoPalace Resort in Yona, according to court documents. Kim was on Guam with the Sangju Sangmu soccer team for training in January, according to a news release from the soccer team.
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In addition to playing soccer, Kim is an active duty member of the Korea Armed Forces Athletic Corps and was AWOL because he couldn’t leave Guam and return to his unit after he was charged in Guam, according to his attorney, F. Randall Cunliffe.
Cunliffe filed a motion, asking the court to allow Kim to leave Guam and return to his military unit. Kim needed the court’s permission before he could leave the island.
Judge grants request
Barcinas granted the request and ordered that Kim be released to Lt. Col. Hyeon Chul Park and travel to South Korea until Kim’s trial.
Kim will have to check in with probation through phone or email once a week and while he’s in Korea he is ordered to stay away from the woman who accused him of sexual assault. Prosecutors have said the woman accusing Kim lives in Korea, but Cunliffe said Kim’s military base is far from where the woman attends college.
Kim is also restricted to his military base.
When Park was on Guam for a court hearing last month, he assured the judge that Kim would not be allowed to leave the base.
Kim to return for court
Kim will have to return to Guam on July 18 for a court hearing, the order states.
“Should (Kim) fail to appear for any scheduled court appearances or violate any terms of his release, the court shall initiate bail forfeiture procedures and/or issue a warrant for his arrest,” Barcinas wrote in his order.
Kim posted $10,000 cash bail.
He was indicted on charges of three counts of third-degree criminal sexual conduct and four counts of fourth-degree criminal sexual conduct.
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