[Asia Economy Reporter Choi Seok-jin] A woman in her 70s who bit the assailant's tongue in a life-threatening sexual assault situation and ended up serving prison time is now seeking to file a retrial petition with the court after 56 years.
According to Hankyoreh on the 4th, Choi Mal-ja (74), who was sentenced to 6 months in prison with a 2-year probation for grievous bodily harm in 1964, plans to file a retrial petition at the Busan District Court on the 6th.
Before filing the retrial petition, Choi is expected to hold a press conference with her lawyer and representatives from Busan Women's Hotline to share her unjust circumstances and appeal for recognition of self-defense.
In May 1964, when she was 18 years old, Choi bit the tongue of No Mo (21), who was attempting sexual assault, cutting about 1.5 cm, and was charged with grievous bodily harm. She was sentenced to 6 months in prison with a 2-year probation and served 6 months in jail during the trial process.
Choi claimed self-defense at the time, but it was not accepted. The prosecution did not apply attempted rape charges against No but indicted him only for special trespassing and special intimidation. Ultimately, No received a lighter sentence of 6 months in prison with a 2-year probation than Choi.
Choi's case has been featured as a representative ruling on self-defense in criminal law textbooks and was introduced as the "Forced Kiss Tongue Severing Case" in the "Court History," published in 1995 by the Court Administration Office summarizing 100 years of the court.
In the field of criminal law, the case has been discussed as an issue of excessive defense related to the limits of self-defense that negates illegality.
Among Supreme Court rulings, there is a case where a woman, threatened with sexual assault by two men in an alley late at night, bit one of the assailants' tongues causing a tongue laceration, but was acquitted as it was recognized as self-defense.
Choi gained courage during the height of the Me Too movement in 2018, consulted with Busan Women's Hotline, and decided to file a retrial petition this year.
© The Asia Business Daily(www.asiae.co.kr). All rights reserved.
