Attorney Ja-young Yoon, "The sentence was increased in the second trial of the 'Cheongju middle school girl case'... All charges were acknowledged."

■ Interview: Attorney Ja-young Yoon

■ Host: Reporter Yeon Hyeon-cheol
■ Tuesday, June 14, 2022, 8:30 am ‘Chungbuk Journal 967’ (Cheongju FM 97MHz Chungju FM 107MHz)
■ Corner Name: Lawyer’s Eyes
* The text below may differ from the actual broadcast content, so please check the broadcast for more accurate content.

▷Yeon Hyeon-cheol: Every week, it is time to diagnose the world from the perspective of a lawyer. It's 'A Lawyer's Eyes' time. Today, I am connected to lawyer Jayoung Yoon. Hello, Attorney Yoon.

▶Jayoung Yoon: Yes, hello.

▷Yeon Hyeon-cheol: This is the first incident today, and it is a very heartbreaking incident. It seems like it's finally finished. This is the Cheongju middle school girl incident. Recently, there was an election for the appellate court in this case. Please tell me in detail.

▶Jayoung Yoon: I think I talked a lot about this incident on the air. On the 9th, the appellate court sentenced Mr. A, a stepfather who committed sexual crimes against his middle school student stepdaughter and her friend and drove the children to their deaths. This incident became known last year when the parents of Ms. B, a friend of her stepdaughter, reported the damage to the police. Unfortunately, while the police investigation was ongoing, the two middle school victims ended up making extreme choices. Accordingly, Mr. A was indicted for violating the Special Act on the Punishment of Sexual Crimes, etc., and the Cheongju Trial Division of the Daejeon High Court sentenced Mr. A to 25 years in prison on the 9th. They also ordered a 10-year ban on employment at child and youth-related institutions and disclosure of personal information. Considering the defendant's age, etc., the order to attach an electronic location tracking device was not accepted. Meanwhile, the first trial sentenced Mr. A to 20 years in prison. At the time, the court acknowledged the charges of molestation of the stepdaughter, sexual assault of Ms. B, and sexual harassment, but ruled not guilty on these counts, saying there was no evidence to support the fact that he sexually assaulted the stepdaughter. However, the appellate court found Mr. A guilty of sexually assaulting his stepdaughter and sentenced him to a severe sentence of 25 years in prison.

▷Yeon Hyeon-cheol: The sentence has been increased to 5 years. you're right. As one of the reporters who covered this incident, I was truly heartbroken. Could you tell us about the atmosphere of the court at the time?

▶ Ja-young Yoon: The court explained the reason for the ruling and said that Mr. A abandoned his duty to raise the victim in a sound manner and raped her. Looking at the relationship between the defendant and the victims and the method of the crime, the crime was extremely serious and serious. The defendant then denied the crime during the investigation and caused more severe mental pain to the victims. It was the main reason why the victims could no longer endure the given reality and made an extreme choice together. It is known that the court was unable to continue speaking several times while reading the verdict that day, citing the victim's emotional pain. Additionally, the victim's family repeatedly appealed with tears during the trial of this case to sentence Mr. A to life imprisonment. Regarding the verdict in this case, he said that the sentence was somewhat disappointing, but he also expressed his gratitude to the court for recognizing the truth in that all charges were acknowledged.

▷Yeon Hyeon-cheol: Although it is not the life sentence that the bereaved family originally requested, it still appears that the bereaved family's opinions were reflected in the trial results as much as possible. We will do our best to ensure that such an unfortunate incident never happens again. Let's move on to the next incident. The story is that a man serving time in prison was sentenced to prison for assaulting an inmate. Please tell me in detail.

▶ Ja-Young Yoon: Yes, Mr. A was handed over to trial on charges of assaulting the face of Mr. B, also an inmate at Cheongju Prison, several times around February. Meanwhile, Mr. A was serving a sentence of 1 year and 2 months in prison for breaking into a building at night and stealing in October last year. It is reported that Mr. A was arguing with another inmate, and when Mr. B stopped the fight, he got angry and assaulted Mr. B. Accordingly, Mr. A was indicted on assault charges. The Cheongju District Court sentenced Mr. A to three months in prison.

▷Yeon Hyeon-cheol: So it appears that it was nothing more than a simple assault case. It is somewhat unusual that a prison sentence was even imposed. There is a story that the fact that the location of the assault was inside a prison played a role.

▶Jayoung Yoon: Yes. In explaining the reason for the ruling, the court stated that it was inevitable that he would be severely punished for using violence in a place where he should have had time to reflect. The fact that the assault occurred inside the prison and that he committed another assault while serving time for another crime appears to be the reason for his sentencing.

▷Yeon Hyeon-cheol: Attorney, are the correctional authorities conducting investigations into incidents that occurred within the prison?

▶Jayoung Yoon: It will be transferred back to the investigative agency, and the investigative agency will proceed with the same investigation procedures.

▷Yeon Hyeon-cheol: I see. Let's look at the last incident. You probably know the case where a current police officer was caught installing an illegal camera in the bathroom of the district college. The prosecution recently handed down a sentence. Please tell me.

▶ Ja-Young Yoon: Mr. A was sent to trial on charges of illegally filming and forcibly molesting a fellow female police officer after installing a hidden camera in the unisex restroom on the second floor of a district under the Cheongwon Police Station in Cheongju, North Chungcheong Province, where he had been working since mid-November last year. Accordingly, at the trial on the 7th, the prosecution requested that Mr. A, who was indicted on charges of forcible harassment and violation of the Special Act on the Punishment of Sexual Crimes, be sentenced to five years in prison. The prosecution claims that the seriousness of the crime is that he forgot his duty as a police officer to protect the public from crime and committed forcible harassment and camera filming against a junior police officer, and the victim is pleading for severe punishment due to extreme harm. The reason for the sentence was stated to take into account the fact that the defendant partially denies the crime. Mr. A says it is a so-called body camera used for evidence collection and accident prevention. It is known that he committed the crime by purchasing a body camera with his own money. Furthermore, when the body camera was discovered by a fellow female police officer in December of last year, Mr. A confessed the crime the next day, and during the investigation, charges of sexual harassment against the female police officer were also revealed.

▷Yeon Hyeon-cheol: I see. It seems that because of his status as a police officer, he was sentenced to 5 years in prison even though he committed a hidden camera crime. There is an uproar in the region because the prosecution requested a heavy sentence. In general, in the case of illegal filming, the degree of punishment is also explained.

▶Jayoung Yoon: Yes. According to Article 14 of the Sexual Violence Punishment Act, a person who uses a camera or other mechanical device with similar functions to film a person's body that may cause sexual desire or shame against the will of the subject is subject to imprisonment for up to 7 years or a fine not exceeding 50 million won. Regarding charges of forcible molestation, it is stipulated in Article 298 of the Criminal Act. It is stipulated that a person who commits an indecent act against another person through assault or intimidation shall be punished by imprisonment for not more than 10 years or by a fine not exceeding 15 million won. In this case, the police officer was indicted on charges of illegal filming and forcible indecent assault, and it appears that he was sentenced to heavy punishment considering both crimes.

▷Yeon Hyeon-cheol: Hidden camera crime is a case of filming even if it is not a major part of the body, and it seems to be separate from the infringement of portrait rights. Could you please explain it a little easier?

▶ Ja-Young Yoon: As mentioned earlier, the Sexual Violence Punishment Act stipulates that in the case of illegal filming, if a person's body that may cause sexual desire or shame is filmed against the subject's will and without permission, he or she will be punished by imprisonment for up to 7 years or by a fine of up to 50 million won. What I can say here is that just because it targets a person's body that can cause sexual desire or shame, I think it can be viewed in a different sense from portrait rights.

▷Yeon Hyeon-cheol: I understand. This means that two requirements are the most important. From beginning to end, today we only deal with bitter events. We'll greet you again in two weeks. Thank you for your words today.

▶Jayoung Yoon: Yes, thank you.

▷Yeon Hyeon-cheol: I have talked with lawyer Ja-young Yoon so far.



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