Appellate Court Grants Permission to Copy Audio Recording File
Victim's Side Submits Opinion Letter Opposing File Copy Request
In the appeal trial of Jeong Myeong-seok (78), the president of the Christian Gospel Mission (JMS), who was sentenced to 23 years in prison in the first trial for sexually assaulting and forcibly molesting female followers, the court's permission to copy the audio recording files has raised concerns about secondary victimization. The victims submitted a written opinion to the court requesting the denial of the copying application, fearing that the audio files containing the victims' voices could be spread through congregational meetings or online.
On the 19th, Jeon Jun-beom, a lawyer from Deoksu Law Firm representing victims including Maple, a Hong Kong national, submitted a written opinion to the Criminal Division 3 of the Daejeon High Court (Presiding Judge Kim Byeong-sik), which is hearing the case involving charges of quasi-rape, quasi-indecent assault, forcible molestation, and quasi-forcible molestation against Jeong, requesting the court to deny the defendant's application to copy the audio files containing evidence of sexual crime victimization.
Directional stone marker to JMS Training Center in Wolmyeong-dong, Geumsan-gun, Chungnam. [Photo by Yonhap News]
Lawyer Jeon stated, "Since the JMS complaint in this case, the organization has issued press releases including personal information such as the victims suffering from depression, describing them as 'mentally ill' or 'morally corrupt women' to claim that the victim statements are false." He revealed, "At gatherings, JMS has systematically committed secondary victimization by publicly displaying Maple's diary, photos, and social network service (SNS) IDs on stage videos, as well as exposing the profile pictures of Korean followers."
He continued, "JMS intends to distribute copies of the audio recordings to followers and publicly disclose them through gatherings, using them to criticize and attack the victims by claiming they are not behaving appropriately," and requested the denial of the copying application, stating, "Simply reviewing the audio files is sufficient to determine their evidentiary value without the need for copying."
The prosecution also expressed its position on the 16th during the continuation of the appeal trial, stating, "Previously, written opinions submitted in Jeong Myeong-seok's trial were delivered to lawyers involved in other co-defendant cases and used," and added, "Allowing the copying of the audio files raises concerns about how far the information might be leaked. Since the victims' voices are recorded as is, distributing them to an unspecified large number of people would clearly violate privacy," arguing that copying should not be permitted.
Furthermore, the prosecution noted that the defendant's stated purpose for copying is for private appraisal, but questioned the evidentiary value of such appraisal results, given that in the first trial, the defendant's side recorded audio from broadcasts rather than the original files and sent them to a research institute in Taiwan, presenting the results as if the audio files were manipulated evidence.
The prosecution emphasized, "The victims are under threat to their lives and bodies simply because they filed complaints against Jeong Myeong-seok," and urged caution, stating, "If copying is allowed, it is impossible to predict the extent of its influence, and responsibility could later fall on the court or investigative agencies."
On the morning of November 21 last year, JMS followers held a picket protest near the Daejeon District Court in Dunsan-dong, Seo-gu, Daejeon. [Photo by Yonhap News]
Maple, a victim who revealed her real name and face, is reported to be highly agitated after the court permitted the copying. She reportedly called the court and said, "I don't know what those people will do if they have the files," and tearfully expressed her intention to withdraw the complaint, saying, "I have disclosed everything and filed a complaint, so how much longer do I have to endure and wait? I don't want to continue anymore."
Jeong's side requested the copying, claiming that the original files do not exist and that copies of audio files close to the originals exist, and that copying is necessary to verify their authenticity. The first trial court dismissed the copying application, instructing the prosecution to apply for viewing the files, but the second trial court permitted it, stating, "Evidence is generally allowed to be viewed and copied to exercise the opposing party's right to defense unless there are special circumstances." However, the court added that it would take measures to restrict the distribution of the copied files elsewhere.
Jeong Myeong-seok was arrested and indicted on charges of molesting or sexually assaulting female followers including Maple 23 times at the training center in Wolmyeong-dong, Jinsan-myeon, Geumsan-gun, Chungnam, from February 2018 to September 2021, as well as sexually molesting Amy, an Australian national follower, and a Korean follower in her 20s. He had previously been sentenced to 10 years in prison for molesting or sexually assaulting four female followers in their 20s (including rape causing injury) and committed similar crimes immediately after being released upon completion of his sentence. The first trial court sentenced Jeong to 23 years in prison on December 22 last year, exceeding the sentencing guidelines of the Supreme Court Sentencing Commission (4 years to 19 years and 3 months), and Jeong's side appealed. The prosecution, which had sought a 30-year sentence, also appealed, arguing that the sentence was too light.
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