Prosecution Requests Acquittal for Malja Choi in Retrial, Apologizes for "Pain and Suffering"

Malja Choi (78), who was convicted of grievous bodily harm for biting the tongue of a man who tried to sexually assault her 61 years ago, hugged her lawyer and women's rights activists as she left the courtroom after the first retrial hearing at the Busan District Court on the 23rd. On that day, the prosecution requested a not guilty verdict, stating that self-defense is recognized. Yonhap News

At the first retrial hearing for Malja Choi (78), who was convicted 61 years ago for grievous bodily harm after biting the tongue of a man who attempted to sexually assault her, the prosecution requested a not guilty verdict.

The Criminal Division 5 of the Busan District Court (Presiding Judge Kim Hyunsun) held the first retrial hearing and sentencing hearing for Choi in courtroom 352 of the Busan District Court at 11 a.m. on the 23rd. After reviewing the evidence, the prosecution skipped the defendant’s interrogation and immediately presented its sentencing request.

The prosecution stated, "The prosecution has concluded that the defendant’s actions as a victim of sexual violence were justifiable and not unlawful. This case concerns a legitimate act of resistance by the victim against a sudden sexual crime; it was neither excessive nor illegal. We ask the court to recognize self-defense and acquit the defendant."

The prosecution added, "The role of the prosecution is to protect crime victims not only from the crime itself but also from social prejudice and secondary victimization. In the past, the prosecution failed in this role in this case and, in fact, acted in the opposite direction." The prosecution continued, "As a result, Malja Choi, who should have been protected as a victim of sexual violence, suffered immeasurable pain and hardship. We offer our sincere apology."

In her final statement, Choi said, "The state can never be held accountable for the demonic events of that day in 1964, which was a matter of life and death. I sincerely ask that you never forget and always remember the anguish of the victim’s family." She added, "For 61 years, I have lived as a criminal. If I have any hope or dream, it is that future generations can live in a world without sexual violence, enjoying their human rights and a happy life. I earnestly pray that the laws of the Republic of Korea will make this possible."

At the age of 18, on May 6, 1964, Choi was convicted at the Busan District Court for biting off approximately 1.5 centimeters of the tongue of No Mo (then 21), who attempted to sexually assault her. She was sentenced to 10 months in prison, suspended for two years. Although Choi claimed self-defense in resisting the sexual assault, the court at the time did not accept her argument. No was only convicted of special trespassing and special intimidation, excluding attempted rape, and received a lighter sentence of six months in prison, suspended for two years.

In May 2020, 56 years after the incident, Choi courageously filed for a retrial. However, both the Busan District Court and the Busan High Court dismissed her petition, stating there was no evidence to support her claim that "the prosecutor had illegally detained her and coerced a confession" during the investigation. The Supreme Court, however, after more than three years of deliberation, found there was sufficient circumstantial evidence to support Choi’s claim and determined that a fact-finding investigation by the court was necessary, including a review of the original judgment, newspaper articles, inmate registers, criminal case files, and execution records. As a result, the Supreme Court overturned the previous rulings and remanded the case. In February of this year, the Busan High Court accepted Choi’s appeal against the decision to dismiss her retrial for grievous bodily harm. The sentencing hearing for the retrial panel is scheduled for September 10 at 2 p.m.