Jung Joon Young’s Lawyer Explains Why They’re Taking His Case To The Supreme Court
On May 14, Jung Joon Young’s lawyer gave an interview with Segye Ilbo, in which he explained why Jung Joon Young’s case is being taken to the Supreme Court.
In November 2019, Jung Joon Young received a six-year prison sentence for charges including aggravated rape (refers to rape that involves two or more perpetrators). Both the defendants and the prosecution appealed the verdict. On May 12, after a series of appeal hearings, the Seoul High Court reduced Jung Joon Young’s sentence to five years. The next day, Jung Joon Young submitted another appeal, which means the case will be heading to the Supreme Court.
In the interview, Jung Joon Young’s lawyer said, “Although he was found guilty in his first and second trial, there are not enough constituent features to say that he violated the Special Act on the Punishment of Sexual Assault Crimes (aggravated rape). In order to erase the brand of ‘sexual assault criminal,’ we intend to argue to the Supreme Court that this represented a misconception of legal principles.”
The lawyer continued, “We do not intend to make a shameless dispute about the act of [sexual relations] itself. The heart of the case is proving whether the victim was ‘in a state of loss of mind and body’ or ‘unable to resist.’ A criminal trial must demonstrate evidence.”
The lawyer also said, “Even though the same amount of alcohol is consumed, the amount of drunkenness differs in each individual. This is an area for evaluation, not proof for an absolute decision.” When asked if Jung Joon Young was aiming for a probation, considering this was his first criminal charge, the lawyer denied it. “We are fighting this from a legal principle perspective,” he said.
Choi Jong Hoon’s sentence was also reduced by the Seoul High Court. He has not appealed as of yet. The prosecution, however, who had recommended a seven-year sentence for Jung Joon Young, have also appealed the High Court’s verdict.
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