It was found that Seoul High Court Chief Judge Lee Gyun-yong, who was nominated as a candidate for Chief Justice of the Yoon Seok-yeol government, reduced the man’s sentence from 10 years to 7 years in prison in the appeal case of a man in his 20s who sexually assaulted a 12-year-old child several times.
At the time, the man did not compensate for the damage, and the child’s family was in a situation where they petitioned for the man’s strict punishment. KBS obtained and looked at lower court cases that candidate Lee had been sentenced to, but were not known to the media. ■ Rape of a 12-year-old girl 3 times, sentence commuted despite
petition for severe punishment by victim’s family First, according to the 2020 Seoul High Court ruling obtained by KBS , this candidate was charged with restraining a minor from rape and violating the Child Welfare Act (forced fornication, mediation, and sexual harassment of children). The sentence was reduced to 7 years in prison, breaking the ruling of the first trial that sentenced a man in his 20s to 10 years in prison. Earlier, Mr. A was handed over to trial on charges of sexually assaulting a 12-year-old child he met on an internet chat three times and committing sadistic sexual acts. Under the Criminal Code, sexual intercourse with a child under the age of 13 is considered rape, even if consensual, and is punishable by imprisonment for a term of 3 years or more.
In the past, while serving in the military, Mr. A was caught exchanging obscene stories with children through SNS and was sentenced to a fine . and sentenced to probation.
Mr. A’s crime of rape of a minor was committed during the previously sentenced probation and probation period.
In addition, Mr. A could not reach an agreement with his child and his family, and he did not compensate for any damage, so the victim’s family was pleading for severe punishment.
The Seoul Central District Court of the first trial sentenced Mr. A to 10 years in prison and ordered the disclosure of information for 7 years, 10 years of employment restrictions at child and youth-related institutions and welfare facilities for the disabled, and the attachment of electronic location tracking devices for 15 years. I did.
Candidate Lee also said, “The quality of the crime is very bad in view of the crime scene, method, number of times, age of the victim, age difference with the accused, etc.” He suffered physical and mental pain, and it seems that the shock the family received was also very great.”
“Even so, the accused has not been forgiven by the victims and their families, and they have not been able to recover their damage, and the victims’ families want severe punishment for the accused.”
“It is clear that the memory of this case will be a serious obstacle for the victim to form the correct sexual values and self,” he said. In light of this, it is clear that the accused should be sentenced to a fairly severe sentence.”
However, Candidate Lee reduced Mr. A’s sentence to 7 years in prison, saying, “The sentence of 10 years in prison sentenced by the lower court is too heavy and unfair.” Here’s what this candidate said about sentencing:
■ “I will inform you that I am working at an entertainment establishment” sexual assault… 7 years in prison → 3 years
In January 2021, this candidate was charged with rape and filming using a camera and was sentenced to 3 years in prison for a man in his 20s who was sentenced to 7 years in prison in the first trial.
Previously, Mr. B was accused of sexual assault six times in 2020 by threatening to inform the victim’s family and boyfriend that the victim had worked at an entertainment establishment.
Mr. B also filmed the victim’s body while he was sleeping or forced the victim to do something sexually humiliating, then filmed it and threatened again that he would distribute the video to the victim’s acquaintances. During this process, Mr. B also stalked the victim, demanding money.
The first trial sentenced Mr. B to 7 years in prison, completion of a 40-hour sexual assault treatment program, 7 years of information disclosure and notification through information and communication networks, and 10 years of employment restrictions in child and youth-related institutions and welfare facilities for the disabled.
However, candidate Lee acknowledged the charge of coercion, not the charge of filming using a camera, and said, “It seems that the victim felt very great pain and fear.” “A relatively young man in his 20s,” the sentence was commuted to three years in prison.
In addition, “The defendant admits the crime and shows an attitude that he will take responsibility for his mistakes, and 50 million won is paid to the victim unconditionally, and if the victim expresses his intention not to be punished, he will pay an additional 50 million won. The victim received 50 million won of this, and the damage was recovered within that range,” he explained the reason for the commutation.
Subsequently, the sentence of the employment restriction order and the registration of personal information seemed to be effective in preventing recidivism to some extent, and the information disclosure order and notice order for Mr. B were exempted.
■ ‘Meeting Conditions’ Prison sentence for extortion of men’s money If you look at another ruling obtained by
KBS , this candidate conspired with a minor woman in 2020 to pretend to be prostitution and received 400,000 won, and then the victim returned it. When asked, a man charged with assault and special robbery was sentenced to 2 years and 6 months in prison. The man was sentenced to 1 year in prison and 2 years probation in the first trial.
Previously, three people, including Mr. C, conspired with a minor woman in 2018 to attract a man who tried so-called ‘conditional meeting’ through a smartphone chat app to a motel.
Mr. C’s party later went to the motel room where the woman and man stayed together and threatened the man by shouting, “I am this girl’s boyfriend. I am a minor. I will report it.” When I asked for it back, the man prevented me from leaving the room and assaulted me with my fist.
Candidate Lee pointed out, “The accused divided the role with the accomplices in advance and deliberately committed the crime, and the quality of the crime is quite bad in light of the circumstances, means, and methods of the crime.” .
“Mr. C did not directly assault, and it seems that there is little or no actual gain from the crime,” he said. He did not faithfully participate in the trial by unilaterally failing to appear on the trial date.”
In addition to this, the candidate was sentenced to 10 months in prison for the defendant in a case where he tried to purchase marijuana, which was banned from trading, several times, but failed because he only received money from a drug dealer and did not send it. Among the rulings handed down by Candidate Lee, the case known to the media is the case of former Seoul Metropolitan Police Agency Commissioner Koo Eun-soo, who was indicted for neglecting command and supervision at a rally at the time of the death of the late farmer Nam-gi Baek
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While serving as the chief judge of the Seoul High Court in 2019안전놀이터, Candidate Lee overturned the first trial that acquitted former Commissioner Koo, found him guilty, and sentenced him to a fine of 10 million won
Earlier, in November 2015, Mr. Baek participated in the ‘popular uprising’ rally, but fell after being hit in the head and upper chest by a water cannon fired directly by a police water cannon. He died in September of the following year after being treated.
In relation to this case, former Commissioner Gu was handed over to trial on charges of neglecting command and supervision as a police officer who directed the suppression of the protests at the time.
The first trial acquitted former Commissioner Koo, saying that it would have been difficult to recognize the specific aspects of the watering because he had only a general command and supervision duty to the field commander.
However, Candidate Lee reversed his judgment and sentenced former Commissioner Koo to a fine of 10 million won, acknowledging responsibility.
The second trial said, “The internal structure and function of the Seoul Metropolitan Police Agency Situation Center, the fact that a system was established to grasp the real-time on-site situation through radio, and the closed-circuit traffic in the Situation Center, TV video or news reports, etc., the on-site commander fulfilled his command and supervision duties I was able to see specifically that I was not doing it properly.”
He continued, “Former Commissioner Koo not only received the report from the field commander, but exercised his command authority appropriately to check in detail that excessive watering was not neglected, and he made a mistake in not taking necessary measures even though he should have taken them.”
He added, “Just as protesters who commit illegal or violent acts at the site of an assembly or demonstration are civil or criminally liable, if the means used by the police exceed the appropriate level, legal responsibility cannot be avoided.”
Candidate Lee also took charge of the appeal case of Jeong Han-geun, the son of the late Jeong Tae-soo, former chairman of Hanbo Group, who was accused of embezzling 30 billion won from the company, and was sentenced to 7 years in prison as in the first trial.
The Supreme Court said it plans to explain the candidate’s ruling during the hearing process.
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