[Asia Economy Reporter Kim Hyung-min] A woman in her 70s, who was sentenced to prison for grievous bodily harm after biting off the tongue of a man who tried to sexually assault her in the past, has filed for a retrial at the court after 56 years.
On the 6th at 1 p.m., 353 women's and civic organizations, including Busan Women's Hotline, held a press conference in front of the main gate of the Busan District Court to urge the initiation of a retrial recognizing the justifiable self-defense of sexual assault victims.
Choi Mal-ja (74), the victim who attended the press conference, said, "I stand here with a desperate thought that if the judiciary does not change, victims like me may continue to suffer even in future generations," adding, "I hope my injustice will be resolved, justifiable self-defense will be recognized, and I will be acquitted. The law and society must change so as not to leave such a stain for our descendants."
Attorney Kim Soo-jung, who is assisting Choi, also stated, "The prosecution detained the victim who appeared on the first day of investigation, but it has been confirmed through the victim's testimony and others that they illegally confined her without notifying the reasons for detention, the right to appoint a lawyer, or the right to remain silent," and argued, "Now the court must step in to correct past mistakes and resolve the victim's injustice after 56 years."
Choi was sentenced by the Busan District Court to 10 months in prison with a 2-year probation for grievous bodily harm after biting off 1.5 cm of the tongue of Noh Mo (then 21 years old) on May 6, 1964, when she was 18 years old, while resisting his attempt to sexually assault her.
Choi claimed it was justifiable self-defense, but the court did not acknowledge this.
Busan Women's Hotline and others claimed that at the time, the prosecution detained Choi without any notification and showed coercive behavior by forcing specific statements.
According to them, after being imprisoned in the detention center, Choi endured six months of investigation and trial, during which the prosecution pressured her to admit that she intentionally cut Noh's tongue.
On the other hand, Noh was only tried for special trespassing and special intimidation charges and was not even indicted for sexual assault.
During the trial, Choi also appealed that she suffered psychological distress. The court at the time committed serious secondary victimization by repeatedly asking questions such as "Did you have feelings for the defendant?" and "Do you intend to marry and live with the defendant?" The media also reported the same content.
Choi said she was mentally and physically devastated at the time and "wanted to die."
Meanwhile, this case was also introduced as the "Forced Kiss Tongue Cutting Incident" in the 'History of the Court,' published in 1995 by the Court Administration Office while compiling the 100-year history of the court.
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