J H V

isb

STATE OF WISCONSIN

CIRCUIT COURT

DANE COUNTY

CRIMINAL COMPLAINT
STATE OF WISCONSIN
Plaintiff,
-vsDA Case No.: 2013DA000814
Agency Case No.: UWPD 13-60
Court Case No.: 2013CF M 0 O
A T N :13081301230228

HWASUNG YEOM
414 N Segoe Rd Apt 56A
Madison, Wl 53705
DOB: 10/14/1985
Sex/Race: M/A
Eye Color: Black
Hair Color: Black
Height: 5 ft 9 in
Weight: 175 lbs
Alias:

IS
mo

i

OS

rv>

O -H

S o
Defendant,

COMPLAINING WITNESS

^

Robert Glejf/Truli Nielsen/Julie Dahmen/Aaron Chapin/Peter Ystenes

The above-named complaining witness being first duly sworn states the following:
Count 1: THIRD DEGREE SEXUAL ASSAULT (digital penetration)
The above-named defendant on or about Monday, January 14, 2013, in the City of
Madison, Dane County, Wisconsin, did have sexual Intercourse with KSK, without that
person’s consent, contrary to sec. 940.225(3), 939.50(3)(g) Wis. Stats., a Class G Felony,
and upon conviction may be fined not more than Twenty Five Thousand Dollars ($25,000),
or imprisoned not more than ten (10) years, or both.

Count 2: FOURTH DEGREE SEXUAL ASSAULT (mouth to breast]
The above-named defendant on or about Monday, January 14. 2013, in the City of
Madison, Dane County, Wisconsin, did have sexual contact with KSK, without that
person's consent, contrary to sec. 940.225(3m), 939.51 (3)(a) Wis. Stats., a Class A
Misdemeanor, and upon conviction may be fined not more than Ten Thousand Dollars
($10,000), or imprisoned not more than nine (9) months, or both.

FACTS:
Your complainant is a court officer with the UW Madison Police Department and for this
complaint is relying on the reports of UW Madison Police Officer Jenson Lee. Officer Lee
reports that on January 14, 2013, he made contact with an adult female identified by her
name, which forms the initials KSK. KSK advised that on January 12, 2013, her husband,
Sowun Kim, had invited a couple of people over to their residence located in the City of
Madison, Dane County, Wisconsin, for a party. KSK stated he Invited Hwasung Yeom,
Kyoung Min Kang and Mi-Jin Park to their apartment. She stated that Hwasung Yeom, the
defendant herein, had brought some wine and everyone was drinking throughout the night.
03/06/2013

 STATE OF WISCONSIN - VS - Hwasung Yeom

KSK stated that at approximately midnight she went to her bedroom and went to sleep.
She was sleeping on the side of the bed furthest away from the wall and lying on her side
facing the wall. She stated that sometime after going to sleep, she felt someone standing
next to her bed and grabbing her breast. She also felt her breast being sucked. KSK
stated that touching was very rough. KSK stated she was tired and the lights were off.
She stated she could not see who was touching her and initially thought it was her
husband.
KSK stated that this individual, who was later identified as the defendant, lay down next to
her on the bed and was touching her genital area with his hand. KSK stated she felt the
defendant’s hand caressing her body. She stated she could feel him touching her and he
tried to take off her pants by unbuttoning them, but did not remove them completely. KSK
stated she then felt pain in her genital area and could fee! the defendant using his finger to
penetrate her vagina. She initially thought it was her husband but thought it was weird
because he had not done that in the past. KSK stated the penetration was very painful
and it woke her up. She stated she could see the defendant’s arm across her body and
remembered seeing the sleeve of the shirt he was wearing, and then knew it was not her
husband because he was not wearing that shirt earlier. KSK stated she used her elbow to
push the defendant off of her and he fell off the bed onto the floor. The defendant then got
up, called her “big sister” in the Korean language, and left the room.
KSK stated the penetration was so painful that the pain in her vaginal area lasted until
Sunday night, January 13, 2013. KSK stated she had not given the defendant consent to
touch her.
Officer Lee also contacted Sowun Kim. Sowun stated that on January 12, 2013, at
approximately 5:45 p.m., he had picked up the defendant from Engineering Campus and
brought him to his apartment. Sowun stated the defendant brought a bottle of wine to
share with everyone. Sowun stated he called another couple, Kyoung Min Kang and
Mi-Jin Park to come over also, but they didn’t show up until about 8:30 p.m. Sowun stated
that everyone had been drinking all night.
Sowun stated he woke up the next morning and started cleaning the apartment. He stated
he received a text message from the defendant at about 5:45 a.m. stating that he had
returned home. Sowun stated the defendant then returned at approximately 12:00 p.m.
and helped him clean up before leaving again around 2:00 p.m.
Sowun stated that KSK woke up and talked with him about what happened. Sowun then
contacted Kang and Park, who told Sowun that Sowun had fallen asleep sometime around
1:30 a.m. and they had not left until between 2:00 a.m. and 3:00 a.m. Sowun also learned
that the defendant had not left the apartment when Kang and Park left.
Sowun stated he confronted the defendant about assaulting KSK and the defendant
admitted to the sexual assault. The defendant wrote an apology letter and gave it to KSK.
KSK stated the letter said that the defendant admitted to sexually assaulting her, and that
he would return home to Korea and end his enrollment at UW Madison.
When the defendant admitted the assault, KSK and Sowun were “upset, mad and
enraged” and KSK slapped the defendant three times across the face. Sowun also hit the
03/06/2013

2

 STATE OF WISCONSIN - VS - Hwasung Yeom

defendant in the back of the head and back of the body. They told him he was not allowed
back in the apartment or allowed to contact them.
Sowun stated that on January 14, 2013, he left his apartment and when he returned he
found an envelope addressed to him. The letter was from the defendant and stated he
had changed his mind and would not return to Korea as he wanted to stay and finish
school. Officer Lee took possession of the two letters from the defendant, which he
observed were written in Korean.
Officer Lee reports that on January 15, 2013, he again spoke with KSK. KSK stated that
she had gone to the hospital and had a SANE examination done. She stated that when
she and Sowun returned home at approximately 11 p.m., the defendant was standing by
her apartment building. KSK stated she was very frightened and it was “horrifying” to see
the defendant standing next to her apartment. She stated that the defendant had also
written an additional letter through email on January 14, 2013, which she provided to
Officer Lee.
KSK stated she had been thinking about the assault and remembered when the defendant
was penetrating her vagina with his finger, she grabbed a hold of his hand to stop him from
penetrating her. She didn’t remember if she said anything to him.
Officer Lee reports that he had the letters and emails translated by Junior Project Manager
Bethany Headley of the Language Line. TTie first letter was translated in part as follows:
“Since I (Hwasung Yeom) committed the worst thing (sexual assault) as a human being, I
deserve to be ostracized from society.” The defendant goes on to say that he will return to
Korea by January 20, 2013. This letter was dated January 13, 2013 and signed by the
defendant.
The second letter was translated as follows:
Dear Soun and KSK
I am so sorry. I hurt you so much as I made a big mistake, i know I will never be
forgiven. I didn’t intend or plan to do this. I’ve never had a bad intention. As far as I
remember I was lying on the floor in the dark and I am not even sure how I came
back.
Hazy memory made me believe it was a dream and I wanted to believe it was just a
dream. I don’t even understand myself.
When you visited me, I realized that it really happened. I wish it was a dream. I am
so sorry. After my father, mother and girlfriend found out about this, they felt
disappointed in me. My mother got sick in bed. I am so sorry. I will accept any legal,
financial and mental punishments. I will live my lifetime as a sinner. Please allow me
to finish school. I just hope you allow me to continue studying. I promise to avoid all
troubles. I am terribly sorry. I sincerely apologize.
This letter was dated January 14 and signed by the defendant.

03/06/2013

3

 STATE OF WISCONSIN - VS - Hwasung Yeotn

Officer Lee reports that the first email was translated as follows:
Subject; I tried to organize my memories.
From; Hwasung Yeom hveom@wisc.edu
Date: 1/14/13 7:38 PM
To: skim536@wisc.edu
I really don’t know what to say.
1 am so sorry.
I thought you would wonder how this happened. So I tried to summarize the incident
from my memory.
Yesterday, I got to know the part below where it says ‘according to Kyeongmin’,
based on the Kakao Talk message.
Until you came to me yesterday, I felt like it was a dream and I didn’t realize it was
real.
It should have never happened whether I was drunk or not.
I am so sorry.
Hwasung Yeom
Officer Lee reports that the second email was translated as follows:
Subject: I am so sorry.
From: Hwasung Yeom hveom@wisc.edu
Date: 1/13/13 9:47 PM
To: skim536@wisc.edu
I really don’t know what to say.
I tried to briefly write down what I couldn’t tell you because I was not myself.
I am so sorry.
Hwasung Yeom
This email also had an attachment which was a letter translated as follows;
Dear Soun and KSK,
I hurt both of you so much. I really apologize.
I have nothing to say but I am so sorry, however, I know that an apology can't cure
the scars in your hearts.
I will always do introspection about this as a sinner for the rest of my life.
I don’t know what to say, but I can tell you that I never planned or intended this.
You are like my family. How could I possibly have that bad thought?
I don’t even remember how I returned yesterday. I just remember partially. I really
thought it was a dream and wanted to believe it was just a dream. That’s why I
came over to your house this afternoon and helped clean up.
03/06/2013

4

 STATE OF WISCONSIN - VS - Hwasung Yeom

Like I confused you as my girlfriend and sent a message through Kakao Talk, I do
love my girlfriend. I know how much Soun loves you. It was not my intention. I can’t
say anything but I am so sorry and I can’t even explain why I did it. I was so drunk
that I can’t remember well. I realized it really happened when you came over. I
know that I can’t be forgiven but I hope you believe what I said. I hate myself for
this and I’ve committed something really bad. Not even animals would do this. I
apologize for giving you so much pain and disappointment.
**THIS COMPLAINT IS BASED ON the information and belief of your complainant, who is
a court officer for the UW Madison Police Department, and who learned of the above
offense from the reports of UW Madison Police Officer Jenson Lee, which reports your
complainant believes to be truthful and reliable inasmuch as they were prepared during the
course of the officer’s official duties.
Further, your complainant believes the information furnished by KSK, Sowun Kim and
Bethany Headley to be truthful and reliable inasmuch as they are eyewitnesses/citizen
informants to the events reported.
Subscribed and sworn to before me,
and approved for filing on:
This \ L

day of March, 2013.

COMPLAINANT

ASSISTANT/BEP DISTRICT ATTORNEY
DANE COUNTY, WISCONSIN

03/06/2013

5