"Consistent Incident Handling Manual Needed"
"Perpetrator's Family Life Completely Shattered"
A man in his 20s assaulted a middle school classmate, leaving her in a 'vegetative state,' and the victim's mother has petitioned the National Assembly to eliminate the 'clever sentence reduction' through submission of a letter of apology.
On the 12th, a petition titled "Request for Improvement of Laws and Systems Favoring Only the Perpetrator in the Busan Trip Classmate Assault Vegetative State Case" was posted on the National Assembly's public petition board. The petitioner, who identified herself as the victim's mother, pointed out, "The letter of apology written by the perpetrator can only be seen by the judge," adding, "I don't understand who this letter of apology is really for."
She continued, "It is absolutely unacceptable that the perpetrator receives a reduced sentence because of a letter of apology that the victim and her family cannot even see," and said, "I am frustrated because I don't know the criteria the judiciary uses to determine whether the perpetrator is truly remorseful."
The petitioner emphasized, "I hope there will be a reasonable legal standard for judging the sincerity of remorse, such as 'there must be a sincere apology to the victim and their family.'"
In addition, the petitioner requested the establishment of consistent standards for prosecutors' application of charges and the strengthening of victim family participation rights in criminal trials. In particular, she said, "When I looked into cases where assault led to a vegetative state, some were recognized as attempted murder, but my daughter's case was only prosecuted as serious injury, which carries much lighter punishment," adding, "It is necessary to create and improve a reliable and consistent case handling manual."
She also said, "Our family's life has been completely destroyed by the perpetrator's crime, but during the trial process, we could do nothing but sit in the gallery," emphasizing, "Starting with the right to know the prosecutor's sentencing recommendation, the rights to information and participation of victims and their families must be greatly strengthened." She pointed out, "The perpetrator can actively participate in the criminal trial under the pretext of guaranteeing the defendant's right to defense, but the victim and their family are continuously unable to properly exercise even the things they can do, which is truly unfair."
This petition, posted on the 26th of last month, had received over 5,215 signatures as of 9 p.m. on the day. If it receives 50,000 signatures within 30 days of posting, it will be referred to the relevant standing committee of the National Assembly for review.
Earlier, the perpetrator of this case, Mr. A (20, male), was indicted on charges including assault and throwing his middle school classmate Ms. B (20, female) during a trip to Busan with friends on February 6 last year. Ms. B, who suffered a severe neck injury from A's assault, was taken to the hospital and diagnosed with 'traumatic cervical head hemorrhage' and is currently in a vegetative state.
Ms. B's mother quit her job to care for her daughter 24 hours a day at the hospital, and her father, who had contemplated suicide several times, is reportedly receiving psychological treatment.
Mr. A was sentenced to six years in prison in the first trial but filed an appeal claiming the sentence was too heavy, while the prosecution also appealed, requesting a heavier sentence. During the appeal trial from June to September, A submitted letters of apology to the court 14 times. Meanwhile, Ms. B's friends submitted petitions demanding severe punishment for A.
The prosecution is reportedly reviewing a change in the indictment to seek a heavier punishment for A, who was charged with serious injury. The court plans to hear the prosecution's opinion on this matter on October 16 and set a sentencing date.
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