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Controversial parole case

The Unjust Nature of Sentencing Practices in South Korea.

By Rachelle A. Petion

My Virginity.

By Skinny_Cow

Part 1

Outrage From The Republic of Korea

I think back to when it happened,

think back to that awful day.

The day when it all happened,

the day he took "it" away.

Fighting. Yelling. Crying.

It didn't matter how loud I screamed.

Nobody came to help me.

Nobody came to set me free.

I

The "Why"

I chose to focus on this controversial parole case of Cho Doo-Soon because of the little amount of publicity this story received in the United States and to enlighten my fellow peers of the injustice this man's victim and her family have suffered due to unfair outcome of this trial. This was a nationwide tragedy that took many by surprise and while some people may not be aware of this incident at all. I will provided as much information that is available but I must give a fair warning that this country is very reserved when it comes to internal matters.

Name: Cho Doo-Soon

Date of Birth: October 18th 1952

Crime(s): Rape, Kidnapping & Assault

The "Who"

The Rapist

The "Who"

2

Name: Kim Na-Young (pseudonym name)

Date of Birth: Born in the year 2000; 8yrs old

Note: Unfortunately, there are no photos or personal identifying information about the victim for her own safety & privacy.

The Victim

My Virginity.

By Skinny_Cow

Part 2

Poem Part 2

I still dream of running,

of trying to break away.

Of feeling him catch me,

every damn day.

I see him in the shadows,

even while I'm at home.

I close my eyes and pray he's gone,

only then I can't help but feel him.

The "What"

On December 11, 2008, 8-year-old Na-Young (alias), on her way to school in Ansan, Gyeonggi in South Korea, was kidnapped and raped by 57-year-old Cho Doo-Soon in a public toilet in a nearby church.

December 2008

The Event

Na-Young

  • Na-Young was dragged into the churches bathroom
  • Punched in the face several times
  • Bitten & strangled
  • Raped anally, vaginally & sodomized with a toilet plunger.

Continued

Next

The rape resulted in permanent injury to Na-Young’s abdomen, lower abdomen, and pelvis that required at least eight months of intense treatment. The permanent damage done to her is categorized as third-degree disabilities.

A Loop-Hole

Code

South Korea's criminal code, Article 10 (2), also known as "Sim Sin Mi Yak", says a court can reduce a sentence when a person "who, because of mental disorder, is unable to make discriminations or to control one's will".

Which is further supported by the law "Joo Chi Gam Hyung" which states that "substance abuse" impairs a person's mental state.

Drunk Excuse

Trial

  • Being under the influence of alcohol or any other substances should never be an admissible excuse for defensive purposes. We are all responsible for our actions, whether we recall them or not. Because of the countries leniency towards Cho Doo-Soon, his fifteen year prison sentence was reduced to twelve years and he was release from prison in December of 2020.

Trial Cont.

During this trial, after suffering so much trauma, the victim had to testify multiple times in front of her attacker after undergoing multiple surgeries, with a hole drilled in her stomach and eighty percent of her organs still bleeding.

The Aftermath

  • Cho Doo-Soon will wear an ankle bracelet for 7 years after his release.
  • He was allowed to move back into the same neighborhood where Na-Young & her family lived(less than a mile from her).
  • Received police escorts to his residence.
  • Protestors stalked his home
  • He got death threats
  • Rallies in the streets
  • More than 876,772 people have signed two petitions to rid laws that gave Mr. Cho his chance at parole

Released

The Differences between USA & SK

Title

  • Alcohol cannot be used as a defense tactic in the USA
  • Cases similar to Na-Young's can be punishable up to twenty-five years to live
  • Can be prosecuted as an attempted murder case
  • There are no laws that protect rapists from being charged to the fullest extent of the law in the USA
  • etc

My Virginity.

By Skinny_Cow

Part 3

Closing

To this day I feel him,

his tight grip on my wrists,

The pressure of his body

as I tried to resist.

He continued to thrust away,

as I fought and yelled and cried.

It didn't matter how loud I screamed,

Nobody came to help me.

Nobody came to set me free.

References

  • BBC. (2021, January 5). South Korea: Child rapist's release sparks demand for change. BBC News. https://www.bbc.com/news/world-asia-55465099.
  • Cow, S. _. (2018, December). Home. Family Friend Poems. https://www.familyfriendpoems.com/poem/my-virginity.
  • Nam, E., & Kim, M. (2019, July 16). In South Korea, being drunk is a legal defense for rape. https://ksr.hkspublications.org/2019/07/16/in-south-korea-being-drunk-is-a-legal-defense-for-rape/.
  • CHOE SANG-HUN. (2020, December 13). Protests Erupt as South Korea’s Most Infamous Rapist Leaves Prison. New York Times, 170(58906), 20.
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