[Asia Economy Reporter Kim Hyung-min] A man in his 20s who was prosecuted for entering the house of child sex offender Jo Doo-soon and assaulting him with a blunt weapon received a reduced sentence. It was recognized that he was in a state of "diminished mental capacity" at the time of the crime.
The Criminal Division 12 of Suwon District Court (Chief Judge Hwang In-seong) sentenced A (22) to 1 year and 3 months in prison on the 18th for charges including special injury and trespassing.
A was previously sentenced to 6 months in prison with a 2-year probation for trespassing after attempting to enter Jo Doo-soon's house with a weapon in February last year. During the probation period, on December 16 of the same year, he was re-indicted for special injury and other charges after hitting Jo's head with a blunt weapon at his residence, causing injury. As a result of this incident, part of Jo's head was torn and he received treatment at a hospital.
The court accepted A's claim that he was in a state of diminished mental capacity at the time of the crime. "Considering that the medical doctor presented an opinion of psychiatric illness regarding the defendant, and that diminished mental capacity was recognized in the previous trespassing trial involving the defendant, although the defendant's violent act to take private revenge on the victim is unacceptable, it appears that the mental illness influenced the crime, so the sentence will be reduced," the court stated.
The trial was conducted as a citizen trial. Among the seven jurors, one suggested 6 months imprisonment, three suggested 1 year, one suggested 1 year and 6 months, and two suggested 2 years. Four of them judged that A was in a state of diminished mental capacity at the time of the crime. The court said, "The jurors' sentencing opinions are advisory to the court, but considering the purpose of the system, their opinions were respected in determining the sentence."
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