'Doctor's Room' Jo Joo-bin, from Appeal to Re-Appeal... Why Insist on a Citizen Jury Trial?

Supreme Court Rejects Request for Citizen Jury Trial on 30th
"Citizen Jury Trial Influenced by Gender Stereotypes in Verdict"

Jo Joo-bin (28), the operator of the 'Baksa Bang' who distributed child sexual exploitation materials via Telegram, repeatedly requested to be tried by a jury trial for the additional sexual crime charges, but on the 30th, the Supreme Court dismissed the request, and the case will proceed as a regular criminal trial.

Jo Joo-bin, who is serving a 42-year prison sentence for charges including the production and distribution of sexual exploitation materials, was additionally indicted last September on charges of sexually assaulting minors. Denying the charges, Jo applied for a jury trial, and after the court dismissed it, he repeatedly expressed his desire for a jury trial through appeals and re-appeals.

The victim's legal representative submitted a statement opposing the jury trial on November 25 last year, arguing that it was inappropriate, and the prosecution also stated that it was proper to proceed with a regular trial.

So why did Jo Joo-bin insist on a jury trial despite this?

Jo Joo-bin (28) being transferred from Jongno Police Station in Seoul to the prosecution on March 25, 2020. [Image source=Yonhap News]

First, the reason Jo Joo-bin publicly cited was 'distrust of the judiciary.' When applying for a jury trial, Jo submitted a statement expressing distrust in trials conducted by judges.

However, there is an analysis that Jo aimed to exploit the characteristic of jury trials being more lenient toward sexual crimes compared to other violent crimes.

A jury trial is a system where ordinary citizens are randomly selected to participate as jurors. The court refers to the jury's verdict when deciding guilt and sentencing.

Although there is general consensus that jurors would deliver a strict verdict due to public outrage over Jo's crimes against minors, in jury trials, sexual crimes often receive more lenient verdicts compared to other violent crimes.

In other words, Jo may have aimed to make the jury's verdict a variable in the judge's sentencing.

According to the Judicial Policy Research Institute's 2022 study titled "The Specificity of Sexual Violence Crimes and Jury Instructions in Jury Trials," various prejudices against sexual violence crimes tend to manifest in jury trials. Comparing acquittal rates in jury trials for violent crimes (murder, robbery, assault, sexual violence, etc.) from 2008 to 2020, sexual violence crimes had an acquittal rate of 21.88%. This is high compared to murder at 1.68%, robbery at 8.00%, and assault at 6.24%.

The study concluded, "The stronger the gender stereotypes, the lower the awareness of sexual violence and, conversely, the higher the tolerance for sexual violence. Those who accept rape myths perceive sexual violence cases as less violent and not the man's responsibility. One significant reason for the relatively high acquittal rate in sexual violence cases in jury trials compared to other crimes is the manifestation of jurors' gender stereotypes and rape myths."