MANSFIELD – A former band director at Shelby High School was sentenced on Monday after pleading guilty to a charge of gross sexual imposition.
Oyun Benjamin Hyun, 28, was sentenced by Richland County Common Pleas Court Judge James DeWeese to four years of community control, plus a $1,500 fine. Hyun is also required to register as a Tier I sex offender every year for the next 15 years, and must complete a treatment regiment for sex offenders.
The only reason Hyun avoided serving time in prison was due to the wishes of his victim, who was present at his sentencing on Monday.
“The victim has said that although she is very much wounded by what happened here, she does not think you necessarily need to serve prison time,” DeWeese stated before delivering his sentence. “I’m going to respect that wish, and give you an opportunity for probation.”
Hyun was indicted by a Richland County grand jury in February on charges of rape, sexual battery, gross sexual imposition and misdemeanor sexual imposition. He pleaded guilty to the gross sexual imposition charge on May 14.
The charges stem from an incident that occurred between Hyun and the victim in the early morning hours of Nov. 21, 2017. The incident was not connected in any way to Shelby City Schools, its students or its employees.
According to the Ontario Police Department, police received a call from OhioHealth Mansfield Hospital for a reported rape that occurred in Ontario’s jurisdiction. Upon further investigation, a warrant was obtained for Hyun’s arrest for a charge of rape, and he was arrested on Nov. 27.
Richland County Prosecutor Gary Bishop said the victim requested the rape, sexual battery and misdemeanor sexual imposition charges be dismissed. Bishop said on Monday the only reason Hyun was standing in court facing a charge as a result of a plea bargain was because of the victim’s “big heart.”
“She decided to show mercy, so he should not only be remorseful, he should be grateful to her,” Bishop said.
According to Bishop, during Hyun’s interview with police the night of the incident, he acknowledged that his victim was an unwilling participant. When asked if she said no and how many times she said no, Hyun’s response was “too many.”
“Our position is that this is the worst form of the offense for which he’s been convicted, and he’s lucky to be where he’s at,” Bishop said. “Under these circumstances we think a prison sentence is appropriate.”
Hyun’s victim, who spoke in court on Monday via a statement read by a sexual assault advocate, said she “chooses to see the best in people” and believes that Hyun has redeeming qualities. However, she described Hyun’s behavior on Nov. 21 as “criminal and disturbing.”
“Throughout the process of working with the prosecutor, I have learned that I am not the only woman he has done this to, however I hope I will be the last,” the victim stated.
As a result of the incident with Hyun, the victim stated she has attended counseling and has started a medication regiment for substantial depression and post-traumatic stress disorder (PTSD). While she acknowledged that moving past the incident will be difficult, she still believed Hyun deserved mercy.
“I chose to press charges strictly out of a moral and ethical obligation to protect any future potential victims,” her statement read. “While I am not prepared to forgive him, I do think the court should show leniency. Sending Ben to prison is not something I need to see happen in order to move forward in life.”
Hyun’s attorney Colin Peters stated his client has lost a great deal as a result of his behavior, including his job and his profession. The Shelby Board of Education officially accepted Hyun’s resignation from his position as director of bands at Shelby High School on Feb. 26.
According to Superintendent Tim Tarvin, Hyun had been on paid administrative leave since Nov. 27, 2017. Hyun was paid until May 1, the date his resignation was effective.
“Although he does have a fine family who has supported him throughout and he will have opportunity when this is all behind him, of course he will be severely limited due to his own conduct,” Peters said. “Given the fact that he understands and appreciates the harm and grief he has caused to his victim that she in no way, shape or form deserved or asked for, he’s extremely remorseful and extremely sorry.”
For Hyun’s part, he used his statement to DeWeese on Monday to apologize to his victim, stating he hopes she is able to find peace and live a happy life.
“I can’t rightfully explain why I did what I did, so much as to say I turned what would have been a lovely evening with a woman I cared about into something terrible,” Hyun said. “The fact that the victim and I had been in a relationship, the fact that we had been intimate before does not excuse ignoring her explicit demands of ‘no.’ And unfortunately, I got caught up and overtaken by my own selfish desires, my own selfish needs, and I was wrong.”
Hyun stated that while he is no longer able to teach, he would do whatever it takes to live a lawful life and become an upstanding member of the community.
“I hope (the victim) and this court can believe that I am not a bad person,” he said. “Though this is terrible what I’ve done, this is not who I am.”
