韓国幼女レイプ事件が垣間見せる司法の陥とし穴
A hole in the judiciary that the Korean girl rape case gives a glimpse
https://jbpress.ismedia.jp/articles/-/63434?page=2
2020.12.28 (Monday) Ken Ito
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2014/07/18 Cinema Today
https://www.youtube.com/watch?v=33w3v8t_U4Y
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Based on the assault of a young girl in South Korea in 2008 and the results of the trial, Lee Joon-ik's emotional movements such as "The King and the Clown".
With a warm look, he firmly depicts the victim's family's mourning and the road to revival, which is at a loss in the face of a tragic incident.
Sol Kyung-gu such as "The Spy: Undercover Rise" and Uhm Ji-won such as "Tale of Cinema" perform enthusiastically for their distressed parents.
Tears spill over the story that reaffirms the bonds of the family, with the brilliant play of the rising star Lee Le, who plays the role of a daughter.
On December 13, a former prisoner released from a South Korean prison is causing an international tremor.
「His」name is 趙斗淳, チョ・ドゥスン(조두순ChoDoo-soon) （1952-）。。
Although he will be 69 years old in 2021, various reactions have spread not only to South Korea but also to China and the international community over this person who is a criminal record 17 criminal record.
For some reason, there was almost no response in Japan, but what is happening?
First, let's look back on the "Nayoung" incident on December 11, 2008, which "he" caused "last time".
ナヨン事件Nayeon case
https://ja.wikipedia.org/wiki/%E3%83%8A%E3%83%A8%E3%83%B3%E4%BA%8B%E4%BB%B6
In December 2008, an 8-year-old girl was kidnapped and sexually assaulted by a man in Danwon-gu, Ansan-si, Gyeonggi-do, South Korea, and lost 80% of her anus and vagina.
The so-called "Nayeon" in this case is a pseudonym of the victim, but due to criticism on the Internet that the perpetrator should be a problem in South Korea, Cho is now named after the perpetrator "Cho Doo-soon". ・ It is called in the Doo-soon case (Cho Doo-soon case, 趙斗淳 case, 나영 이 사건).
He was sentenced to life imprisonment, which is the highest sentence in South Korea, but despite having a criminal record of 17 criminal records and a history of rape injuries, he was sentenced to 12 years in prison due to the fact that he was in a drunken state. A case in which the judgment was finalized.
Therefore, he called for the pros and cons of the Korean Penal Code, which includes a drunken state as a weakness.
https://en.wikipedia.org/wiki/Cho_Doo-soon_case
https://news.v.daum.net/v/20211216225152798
Victim who lost 80% of lvagina and anus.
This case has long been called the "Nayoung case".
"Nayeon" is the victim's pseudonym, and it seems that it was named "**-chan kidnapping case" in Japan.
However, it is now called the "Cho Doo-soon Incident" because it would be the perpetrator if it were a problem.
On that day, even though it was still 8:30 in the morning, the criminal Cho Doo-soon was drunk and became a victim on the street in front of a church in Ansan, Gyeonggi-do, the metropolitan area of South Korea. Find Kim Na Young (pseudonym) who was on the way to school.
Cho Doo-soon told Nayeon, "He must go to church," and probably brought an eight-year-old girl to the bathroom of the church.
For the events that happened after that, if you are interested, please see the related homepage etc., and here I will only mention that "extremely malicious sexual assault" was added.
Perhaps the criminal was afraid that his legs would get stuck in the DNA test, "sucking the victim's intestine with a clogging tool in the toilet and washing it with tap water from the well water" I left Nayoung at the site where tap water was left running and left the site.
In Nayeon, germs from well water get into the eyes, nose, and ears, causing visual acuity deterioration, nasal inflammation, labyrinthitis, etc., and together with necrosis of the lower body, it takes more than 8 weeks to heal.
As a result, the victim Nayeon suffered a serious disability of losing 80% of her nvagina and anus and is reportedly still living a life in need of care.
He was the criminal who left the scene early, but he was caught in no time.
Because the fingerprints left on the scene matched those of Cho Doo-soon, who once committed similar crimes many times.
Cho was sentenced to three years in 1983 for sexually assaulting a 19-year-old woman, and in 1996 assaulted a man in his 60s who was a supporter of Presidents Chun Doo-hwan and Roh Tae-woo. , Will kill you.
At this time, despite the fatal injury, it was a light sentence of 2 years.
However, he had been in prison for a total of 7 years and 4 months in his 56 years of life, so there was plenty of his fingerprint material left in the police.
However, when I arrested the suspect ... the situation is a little different.
Commutation of sentence for "I don't remember".
Even if the blood stains of the victim Nayeon are confirmed from the clothes seized from Cho's house, or if multiple weapons appear from under the bed, the suspect is acquitted with a single point of "I do not remember". He kept insisting.
He was drunk on the day and he don't remember.
For this violent crime, the prosecution demands "indefinite imprisonment," which is the highest sentence in South Korea (the death penalty has been virtually abolished).
However, the Korean criminal justice has a system of "reducing drunkenness" that regards the crime of "drunk" as "loss of soul" (Korean criminal law, Article 10, Paragraph 2), and the suspect is drinking alcohol. As long as I say "I don't remember," there is a "hole" in the judiciary that forces this clause to apply.
There is no doubt that the system was originally introduced in consideration of human rights, but if you know this and abuse it and the criminal continues to squeeze you, you will not be able to be sentenced.
There was such a dilemma.
At first, this incident was unknown to people, but as soon as Korean society recognized the facts through the media, it was natural that a roaring criticism arose.
Why can't such a thug be sentenced to life imprisonment! ??
In Japan, it would be called the "death penalty", but since the death penalty system no longer exists in South Korea, public opinion is boiling.
In 2013, a movie called "Sowon / Wish" was made based on this incident, and it became a complete social problem.
Reintegration of thugs.
From the winter of Corona, early December 2020, the problem suddenly began to reignite because Cho Doo-soon's source was in the countdown stage.
In fact, Cho Doo-soon was released from Korea's "경북직 업훈련교 도소 Gyeongbuk Vocational Training Prison" on December 13, and should be somewhere in the city now.
According to South Korean reports, Cho has pleaded not guilty even at the trial stage, and there is almost no remorse for this case.
During his imprisonment, he was told that he would live near the victim's house when he was released, and that he would meet the victim when he was released, and a special program was set up on TV. There is.
I don't know how true it is, but it has become a major social problem.
It seems certain that Cho is a recidivist offender, excluded from privacy protection, banned from drinking alcohol, and fitted with electronic shackles, and all his actions and whereabouts are in the hands of the authorities.
However, there are five childcare centers (“Orinichibu” in Korean) within a radius of 500 meters from the house where the family lived (the criminal also has a wife and children), where he originally lived. It seems that public opinion is boiling, saying, "Countermeasures should be taken."
Why do you want to bring such a thug back to society?
In Japanese society, there may be a reaction that is "difficult to understand", but one possible background is the fact that South Korea has a conscription system for all men.
Cho Doo-soon has been committing violent crimes since he was 30 years old, but it is possible that he has contributed to the nation by serving in the military.
The court has repeatedly ruled against Cho, taking into account the circumstances, which may have a structural background.
At this point, it is unlikely that the conscription system will be restored in Japan immediately, but it is important to understand that military and military service can cause various secondary crimes.
Alcohol addiction, a person who was depressed by the flashback of battlefield violence during the First Gulf War in the 1990s when he once enlisted in Fort Bragg, North Carolina on the NHK program "Earth Correspondent". I have come into contact with the dark reality of various societies, such as those who have become violent crimes by dragging acts on the battlefield.
Avoiding "hand-to-hand combat" is just one reason the United States has focused on developing military drones.
I could not confirm detailed information on Cho Doo-soon's military history, but the social problems caused by veterans = veterans are very serious in every country.
Boiling Chinese media
There is no doubt that China, apart from South Korea, is most interested in this "homecoming of Cho Dusun" in the world.
The Chinese local mini-blog "Weibo" Weibo is also the most talked about, and the major portal site "Baidu" Baidu is also ranked first.
I personally paid attention to this case (because there is no domestic coverage) due to word of mouth.
There are international students from China and South Korea in my laboratory. When I went out to eat dinner with them in the lab, the information that flowed to my smartphone told me that "Cho Dusun seems to move" and "No, the victim seems to move".
I "What is that?"
Student A "Um ... an 8-year-old girl was damaged and she doesn't know what to say in Japanese."
I said, "Oh, I understand somehow, so I don't have to elaborate. Murder case?"
Student B "No, it might have been better to have been killed"
Me"?!"
There were exchanges such as, and I recognized various problems in the process of investigating.
The Japanese judiciary is stagnant and does not think about preventing recurrence.
It is the reality of Japan as an East Asian judicial underdeveloped country that only post-truth news such as victims' feelings are emphasized and no measures with rational grounds are taken.
Compared to that, South Korea is a few steps ahead, but it seems that the people's heart is not so different from Japanese society.
In Europe, especially Germany, which has experienced and overcome criminal facts such as Nazi detention camps, the concept and systems of "preventive detention" are widespread, and I am also the EU. In 2012, I was invited by the headquarters to receive related long-term training.
I would like to revise the manuscript regarding prevention of crime recurrence in each country, especially measures against recidivist offenders.
It's not a topic for the New Year so much.
However, last year's New Year was opened with news of the assassination of the US Trump administration's drone against General Soreimani, Iran's military commander at Baghdad Airport, Iraq.
"Unmanned" the "assassination operation" is partly to prevent PTSD crimes, but looking back, this assassination by President Trump means earning points for public opinion in anticipation of the presidential election. Yes, it should be evaluated as having carried out a show-up assassination "at the right time" for the election.
With the same feeling, the "BLM = Black Lives Matter" movement, which seemed to be a domestic "riot", and "putting in the army" to protest against the unjust disrespect for black life, repeated thoughtless words and deeds.
There is a view that it is finally, but Mr. Donald Trump is leaving the administration.
However, while playing a game with huge power, a soldier used as a piece may suffer from PTSD, etc., and a recidivist criminal may occur or be left unchecked.
It must be said that it is a problem that cannot be easily solved.
