Court: "Circumstances, Behavior, and Method of Crime All Unreasonable"
A man in his 20s who indiscriminately assaulted a female convenience store part-timer because she had short hair was sentenced to prison.
On the 9th, the Criminal Division 3 of Jinju Branch, Changwon District Court (Chief Judge Kim Dohyung) sentenced A, a man in his 20s, who was tried on charges of violating the Act on the Punishment of Violent Acts, etc. (joint injury), to three years in prison. The court also ordered him to pay 2.5 million won in compensation to the convenience store owner where the incident occurred, and 10 million won in medical expenses and consolation money to a man in his 50s who was injured while trying to stop the assault at the scene.
A man in his 50s who was injured while trying to stop the assault on a female part-time worker at a convenience store in Jinju, Gyeongnam, last November. Photo by Yonhap News, captured from YTN
The court stated, "The Ministry of Justice hospital sent a psychiatric evaluation result estimating that the defendant was in a state of diminished mental capacity at the time of the crime and likely had reduced reality testing ability," and "Considering the defendant’s circumstances, behavior, and method of the crime, all of which were irrational, diminished mental capacity was recognized."
It continued, "The female victim uses a hearing aid, and the man in his 50s was hospitalized for a week and did not forgive the defendant," adding, "Although compensation has not been made and several organizations petitioned for severe punishment, the sentence was determined considering it was the defendant’s first offense and his diminished mental capacity."
A was prosecuted for violently assaulting a female part-timer in her 20s at a convenience store in Hadae-dong, Jinju-si, Gyeongnam Province, on November 4 last year. A assaulted the victim by grabbing her collar and repeatedly punching her face, saying things like "Feminists deserve to be beaten" because her hairstyle was a short cut. The victim was diagnosed with permanent hearing loss (deafness) in her left ear due to the assault.
Additionally, A swung his fists at a man in his 50s who tried to stop him at the scene, causing fractures to his shoulder and other areas. The man in his 50s, who is unemployed and struggling financially, also submitted an appeal to the court asking for severe punishment, stating that he is undergoing psychological treatment.
The victims expressed regret over the trial outcome. The female victim said, "He did not serve the full five years as requested, and I am disappointed that the term 'hate crime' was omitted," adding, "I hope no one else suffers the same way I did." The man in his 50s said, "Although the sentence was only three years, I think it is fortunate that a prison term was imposed," and shared, "I was nervous and trembling, fearing a suspended sentence might be given."
The Jinju Sexual Violence Victim Counseling Center and 225 allied organizations also criticized the court for recognizing diminished mental capacity. The groups held a press conference after the trial, stating, "The court took the defendant’s diminished mental capacity into account when sentencing," and argued, "The cause of this incident was not a mental illness or disorder, but the defendant’s misogyny." They emphasized that they will persistently demand through appeals that this be recognized as a misogynistic hate crime and that appropriate punishment be imposed.
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