trials related to sexual crimes, there are many cases where the offender is given only a mild punishment that is only a probation.
In particular, there are many cases of release by saying that they have reached an agreement with the victim. Reporter Ha-Jeong Park covered in detail how to view the term 'agreement' and whether a better court decision cannot be made.
Both the case of raping a female student at a large store and the case of raping a drunken woman in front of a house were all controversial as probation was issued recently.
We analyzed the actual case of how a sex crime sentence is made.
Last year, a man chased a woman entering a motel, quasi-raped a woman who was sleeping, and even filmed a part of her body.
The trial result was 3 years in prison and 5 years of probation, and Mr. A returned home.
Let's look at the sentencing standards that apply to sexual offenses.
The crime committed by Mr. A is the second type, and the basic '5 years to 8 years imprisonment'.
However, if the victim does not want punishment, the punishment is reduced.
The sentence was reduced to '3 years or more, 5 years and 6 months or less', and as a result, the court in this case selects the lower limit of '3 years'.
Also, considering that I do not want to be punished, I added 5 years of probation, which means that the execution of this prison sentence will be suspended for 5 years.
Among sexual offenses sentenced to four years from 2016, about 11,300 people received probation, and more than half of them were because of an agreement, that is, no punishment was applied.
However, a public defender who has helped victims more than 200 cases a year evaluates this agreement as follows.
[Shin Jin-hee / Attorney in charge of public election for victims of the Korea Legal Aid Corporation: There are very few cases where I can evaluate that '(the victim) wrote a non-punishment letter that contained such genuine intentions in good faith and voluntarily.']
After the punishment They said that in many cases, they agreed to either because they were concerned about retaliation or because they needed an economic agreement for the treatment of damage or the maintenance of a livelihood.
Some suffer from demands for a settlement of the perpetrators to reduce the sentence.
[Dahye Jang / Research Fellow, Korea Institute of Criminal and Justice Policy: (No punishment) Acts as a factor of excessive
which actually leads to a problem
of asking for an agreement
In that case, there is also the objection that "you will not be properly compensated."
[Shin Jin-hee / Attorney for victims of the Korea Legal Aid Corporation: From the point of view of the victim, there is no other way than a civil lawsuit.
The process will take another few months.
But more importantly, in a civil lawsuit, the victim, as the plaintiff, has to tell the perpetrator what his name is, what his social security number is, and what his address is.
So we come to an agreement.]
Although the court continues to supplement punishment standards, it seems that more social discussion is needed on why receiving the compensation that the victim deserves should act as a factor in reducing the punishment of the perpetrator.
(Video coverage: Shin Dong-hwan, video editing: Lee Ki-eun, design: Sung Jae-eun · Jeon-ri Jeon)Keywords: