[서아람의변호사외전] Child abuse, deferred sentencing, and media trials

[서아람의변호사외전] Child abuse, deferred sentencing, and media trials


Legal battle between webtoon writer and special education teacher
For over half a year, there has been a debate on the internet for and against.
To ensure clear standards for emotional abuse, etc.
Difficult issues must be resolved through progressive discussion

“The defendant’s sentence is suspended.” When the judge says this in court on the sentencing date, it is called ‘suspended sentencing.’ It is still an unfamiliar concept to the average person. When I did a news search to write this column, there weren’t actually many articles about ‘suspended sentencing’ and only a lot of article results about ‘probation of execution’.

‘Probation’ literally means ‘postponing’. In short, it means that the sentencing will be postponed rather than sentenced immediately. But that doesn’t mean you’re really going to go and sentence them later. In our country’s judicial system, it is true that all charges as indicted by the prosecutor are acknowledged and the person is guilty, but when it is judged that there is no need to impose punishment because the case is not that big and there are special reasons for leniency, a ‘suspended sentence’ ruling is made. .

Attorney Seo Ah-ram

So what effect will a suspended sentence have? Unlike fines or prison sentences, there are no immediate disadvantages. However, if you commit a similar crime and receive a severe sentence during the grace period set by the judge, the postponed sentence may be re-imposed. On the other hand, if two years pass without incident from the date of suspension of sentence, then it is considered that the person has been exempted. ‘Exoneration’ is a ruling that immediately closes a case without determining guilt or innocence because the requirements for prosecution are insufficient. The terminology is a bit difficult, but I think you can just understand it as ‘it has a similar effect to not being indicted from the beginning.’

Many people wonder whether a suspended sentence will appear on their criminal record and whether there will be any problems with getting a job or leaving the country. Records of deferred sentencing remain in the criminal history data kept by investigative agencies, but they are generally deleted after two years when a person is exonerated. Additionally, since they do not appear on the prisoner list or the prisoner list, there are no special disadvantages in employment, appointment, departure from the country, or visa issuance.

To get a not guilty verdict, you just have to make the judge’s mind understand, but to get a suspended sentence, you have to move the judge’s heart, so in some ways it can be said to be more difficult. When I was a trial prosecutor, if I received about 100 sentences a day, I wondered if one or two of them would result in a suspended sentence. This is because, in cases that are truly forgivable in the first place, a ‘deferred prosecution’ already occurs at the prosecution stage. If an elderly person is booked for theft after picking up and selling waste paper due to hardships in life, or if he is booked for gambling while playing 100 won per store Go-Stop with friends or family during holidays, the chief prosecutor will grant a suspended indictment on the premise that it is his first offense. In most cases, it ends.

Therefore, when a suspended sentence is granted at the trial stage, it is usually when a belated agreement is reached with the victim. In this case, the defendant is not punished, the victim is compensated, and the prosecutor moves on without having to appeal if possible, so a ‘happy ending’ in which all parties are somewhat satisfied is possible. If you are found not guilty, the prosecution usually has to appeal and go through a second trial, so some defendants say, ‘I think a suspended sentence is better than acquittal.’

However, it is very rare for the court to grant a suspended sentence in a case where there is a victim but there is no agreement. This is because the average court is well aware of the fact that the main characters in courtroom dramas constantly cry out: ‘The right to forgive lies with the victim, not the judge.’ In order to postpone the sentencing if possible, there are cases where the defendant’s date is postponed and postponed again to reach an agreement, but in the end, when no agreement is reached, a fine of 300,000 won is inevitably imposed.

However, there was a recent case in which the court suspended the sentencing even though the victim did not reach an agreement, and furthermore, none of the parties involved were satisfied with the results of the first trial ruling. It was a case in which a famous webtoon writer sued a special education teacher for child abuse. It was known as if only a ‘suspended sentence’ was issued, but in fact, in this case, some of the charges were acquitted and only some of the sentences were postponed. Since then, the victim’s parents have revealed their feelings through an Internet broadcast, and the special education teacher has held a press conference to appeal, creating a fierce conflict between those supporting and criticizing both sides.

There has been a war of words on the Internet over this incident for over seven months since July of last year. I am very concerned that we sometimes see the spread of false information or personal attacks that cross the line. This is probably not what the victim’s parents or teachers want. The victim’s parents said, “I wish we would cooperate rather than confront each other and think of institutional solutions together,” and “Most special education teachers are dedicated in difficult environments,” and the special education teacher said, “(The victim’s parents) are doing good work as webtoon writers.” want to do Likewise, I have publicly stated, “I will reflect on myself and work hard to become a better teacher,” and “Please stop saying that special education is useless and expressing hatred toward people with disabilities.”

It is good that this incident sparks open and progressive discussions about clear standards for emotional child abuse, the permissible scope of use of recorders in child and youth protection institutions, and the right direction in which special education and integrated education should move. Only when diverse voices from all corners of society are heard and reflected as much as possible will we be able to solve this difficult problem for which even legal experts cannot easily come up with a solution. However, with the judicial process not concluded, malicious comments that hastily criticize and criticize will not help anyone. It just leaves someone with a sharp wound. As a lawyer and a parent, I sincerely hope that this incident, which is unfortunate in many ways, will end with less pain for everyone.

Attorney Seo Ah-ram

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This news article has been translated from the original language to English by WorldsNewsNow.com.

You can visit the original source at the link below.



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