[TW: CSA, CHILD ABUSE] We talk a lot about SK's law system being flawed, but this is too much...

  • 11살과 성관계한 20대 '집행유예'…法 "훌륭한 성인으로 살길"
    부산일보DB 20대 남성이 11살 초등생과 성관계를 했으나 징역형의 집행유예를 선고받는데 그쳤다. 25일 제주지방법원 제2형사부(재판장 장찬수 부장판사)는 미성년자 의제강간 혐의로 기소된 A(24) 씨에게 징역 1년
    n.news.naver.com

    Quote

    A man in his 20s had "s*x" with an 11- year-old elementary school student, but only received a suspended sentence.

    Meaning, he's basically on probation unless he reoffends, despite the fact that he r*ped an 11-year-old (11 in Korea! So 9 or 10 at the time in international age) child who could not consent. They used the word s*x in the article at times due to SK's legal jargon, but I'm calling it as it is - r*pe.

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    On the 25, the 2nd Criminal Division of the Jeju District Court (Chief Judge Chang Chan-soo) sentenced A (24), who was charged with the statutory rape of a minor, to 1 year and 6 months in prison, three years suspended, and was given a three-year restriction on employment at child and youth-related organizations and welfare facilities for the disabled.

    He met the 11 year old girl on a a messaging app and met up with her at a motel in Gumi-si, Gyeongsangbuk-do in May of this year.

    Quote

    According to the recently revised law for S*xual Violence Against Children and Adolescents, if an adult has sexual intercourse with a minor under the age of 16, regardless of whether or not they've consented, they will be punished for 'rape of a minor'.

    Why Has South Korea Raised the Age Of Consent For Sex?
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    Quote

    The court released Mr. A, taking into account the "agreement" with the victim.


    A's lawyer appealed for leniency, saying, "Due to the divorce of his parents, the defendant grew up with his grandmother from a young age, and has lived a relatively peaceful life despite his poor family circumstances."


    The judge said to the defendant, "I hope that you will not commit any sins in the future and live your life as a good adult."

    This is not the first time judge Jang has been lenient towards young men committing SA crimes against children.


    In another case, a 19 year old man was also given a suspended sentence for (different) crimes against children, and despite the victims' families and the victims telling the court they haven't forgiven him and it being revealed that all of them have received psychological shock and trauma, this is what the judge had to say:

    Quote

    "The accused is a young man who has just turned 19 years old, who has no history of criminal punishment, and who is reflecting on his actions."



    My apologies if there are any mistakes, I'm no translator but this is basically the gist of it.



    Knetz are 99 percent angry and shocked due to this sentencing:


    11살과 성관계한 20대 '집행유예'…法 "훌륭한 성인으로 살길" - 스퀘어 카테고리
    https://n.news.naver.com/article/082/0001129138 20대 남성이 11살 초등생과 성관계를 했으나 징역형의 집행유예를 선고받는데 그쳤다.25일 제주지방법원 제2형사부(재판장 장찬수 부장판사)는 미성년자 의제강간 혐의로 기소된 A(24) 씨에게 징역…
    theqoo.net


    "If this had happened in America, he wouldn't have been able to come out (of jail) ever again, damn it~"


    "Is there no room in jail these days? More prisons should be built."


    *Commenter addressing the judge* "How can you be so generous?"


    "It's so ridiculous that I can't even laugh. Are you crazy?"


    "Disgusting"


    People were also quoting the revised laws which state perpetrators SHOULD be punished for crimes of this kind and telling people who say their laws are flawed that it's not just the laws, it's the judges too.


    "The punishment for this charge is to be sentenced to imprisonment for a fixed term of three years or more, but the court released Mr. A, taking into account the agreement(consent?) with the victim.


    Is the law still a problem?"

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  • <X<X<X<X<X<X<X<X<X<X<X


    wtf is that


    he should be in prison and he shouldn't be able to sit on his ass after 1st night in prison...

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  • well the good news to come out of it is that the laws are changing (if I'm reading it correctly) that the new statutory rape laws apply to any adult (so 20 in SK) have sexual intercourse with a person younger than 16??

  • well the good news to come out of it is that the laws are changing (if I'm reading it correctly) that the new statutory rape laws apply to any adult (so 20 in SK) have sexual intercourse with a person younger than 16??

    Yes, but the law was changed already and there are still judges like this :(

    ─── ・ 。゚☆: *.☽ .* :☆゚. ───
    mKl7Ghm.png
    Flower field, that's where I'm at. Open land, that's where I'm at.
    ─── ・ 。゚☆: *.☽ .* :☆゚. ───

  • Yes, but the law was changed already and there are still judges like this :(

    wait wait wait I thought the crime in question occurred prior to the introduction of the law or am I mistaken?


    are you saying that the judge who knew what the law was decided to convict (because of the law) but give the perpetrator a basically very very minimal sentence?
    if that's the case then the problem again resides in the law itself as there are many crimes that have minimum sentences...like if you committ murder or something then it can be min 20-30 years

  • wait wait wait I thought the crime in question occurred prior to the introduction of the law or am I mistaken?


    are you saying that the judge who knew what the law was decided to convict (because of the law) but give the perpetrator a basically very very minimal sentence?
    if that's the case then the problem again resides in the law itself as there are many crimes that have minimum sentences...like if you committ murder or something then it can be min 20-30 years

    The law changed prior, the article is from April and the crime took place in May I believe? And the trial was a few days ago.

    ─── ・ 。゚☆: *.☽ .* :☆゚. ───
    mKl7Ghm.png
    Flower field, that's where I'm at. Open land, that's where I'm at.
    ─── ・ 。゚☆: *.☽ .* :☆゚. ───

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