"Upholding the Original Verdict Is a Blessing in Disguise"
"We Will Focus on Solving Structural Issues"
The perpetrator of the 'Busan Dolleochagi' case, who indiscriminately assaulted a woman in her 20s on her way home, has been sentenced to 20 years in prison. In response, the victim, Ms. A, expressed her feelings, saying, "It is sad to live a life worrying about how to live 20 years from now."
On the 21st, the Supreme Court's First Division (Presiding Justice Seo Kyunghwan) upheld the original sentence of 20 years for Mr. Lee, who was charged with violating the Sexual Violence Punishment Act (rape and attempted murder). The orders for 10 years of public disclosure of personal information, employment restrictions related to children, adolescents, and disabled persons, and 20 years of electronic location tracking device attachment were also maintained.
Ms. A said, "It is a relief amid misfortune that the original ruling was upheld as is," adding, "I was constantly anxious until the Supreme Court's verdict because if the Supreme Court had overturned and remanded the case, a lighter sentence than 20 years might have been confirmed."
She continued, "While the perpetrator will think about how to live the next 20 years, the victim must live a lifetime worrying about how to live 20 years from now. It is very sad," she said.
Ms. A also stated that she will continue to devote herself to resolving structural issues such as improving the personal information disclosure system and the victim's right to appeal even after this case.
Initially, the perpetrator, Mr. Lee, appealed, claiming that the 20-year sentence in the appellate court was unfair, but the prosecution did not appeal. According to Article 383 of the Criminal Procedure Act, appeals based on unfair sentencing are only possible when a sentence of 10 years or more imprisonment or confinement is imposed, and this applies only to the 'defendant.' According to Supreme Court precedents, appeals can only be made for the benefit of the defendant, and appeals based on unfair sentencing that are disadvantageous to the defendant, such as claiming the appellate sentence is too light, are not allowed.
Ms. A added, "I will continue to raise issues regarding the initial investigation's poor response and restrictions on victims' access to information."
Mr. Nam Eonho, the lawyer representing Ms. A, said, "We respect the Supreme Court's decision to dismiss the appeal," but added, "The defendant never admitted his serious crime until the end, and there is concern about the possibility of reoffending if he is released at the age of 50."
Mr. Nam emphasized, "This case has also led to copycat crimes like the Sillim-dong rape and murder case, which is a cruel reality where one murder leads to another. For violent crimes, submission of apology letters and factors for sentence reduction due to impulsive crimes should not be considered mitigating but rather aggravating factors should be actively applied."
The perpetrator of the 'Busan Dolleochagi case,' Mr. Lee, was sentenced to 12 years in prison in the first trial for allegedly chasing the victim for about 10 minutes and then assaulting her at the office-tel's main entrance in Seomyeon, Busanjin-gu, around 5 a.m. on May 22 last year, attempting to kill her.
After the first trial sentence, Ms. A posted a message titled "I will die in 12 years" on online communities to raise public awareness of the case. It was investigated that Mr. Lee showed Ms. A's personal information and address to other inmates in the detention center and threatened to 'retaliate' after his release.
Subsequently, during the appellate trial, the prosecution found additional evidence, including detecting Mr. Lee's DNA on the victim's jeans at the time of the incident, and changed the indictment to attempted rape and murder. Mr. Lee was sentenced to 20 years in prison in the appellate court.
After the appellate sentence, Mr. Lee appealed, claiming, "A 20-year sentence at age 32 is no different from a life sentence," and "The second trial court, conscious of the media and public opinion, failed to correct the wrong facts, so I did not receive a fair trial."
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