JMS Jeong Myeong-seok’s 2nd trial for female sexual assault case: “Copying of recording files allowed”

During the appeal trial trial for Jeong Myeong-seok (78), president of the Christian Gospel Mission (JMS), who was indicted on charges of sexual assault of a female student, the court allowed the copying of a recording file containing the damage.

At the trial held on the 16th, the Daejeon High Court’s Criminal Division 3 stated, “We permit viewing and copying of the recording files to examine in detail whether the files recording the damage are admissible as evidence.”

In December of last year, Mr. Jeong was indicted on charges of molesting and sexually assaulting Maple, a female Hong Kong citizen, and was sentenced to 23 years in prison in the first trial. The prosecution submitted this recording file as evidence, saying it contained a situation in which defendant Jeong quasi-forcibly molested Maple. did.

At the trial on this day, Mr. Jeong’s lawyer requested the court, “There is no original copy of the file in question, and there is a copy of the recording file that is close to the original, so a copy of the recording file is necessary to confirm the identity.”

However, the prosecution said, “There is no problem with the evidence as the submitted data has the same hash value (digital fingerprint) as the deleted file, and if copying of the recording file is allowed, viewing and copying must be restricted as there is a risk of leakage.” He countered, “If the recording file is leaked indiscriminately, the intensity of the threat to the victims may increase.”

In response to this, the court said, “For the sake of the defendant’s right to defense, viewing and copying are permitted unless there are special circumstances,” and “Allowing copying of recorded files containing only the voices of the victim and the defendant does not mean that the lives of victims, witnesses, or other people involved in the case are threatened.” “It is difficult to say that it causes significant damage to the body,” he said. The court added, “For situations where the prosecution is concerned, we will review and take measures to restrict some, such as providing it to only certain defense attorneys.”

In addition, regarding the admissibility of the recording file as evidence, the court said, “The CD on which the police recorded the damage situation with Maple’s mobile phone and saved it on iCloud, and then transferred it to the investigator’s mobile phone and saved it, is hearsay evidence, and the recording file is hearsay evidence. “It is a Supreme Court precedent that in principle, it is not admissible as evidence because it is a retransmission of the CD,” he said, adding, “Because the two sides are fiercely fighting over admissibility as evidence, we will announce whether (admissibility as evidence) will be excluded or admitted in the ruling.”

The on-site inspection of the training center in Wolmyeong-dong, Geumsan, South Chungcheong Province, requested by Mr. Jeong’s lawyer, failed.

Mr. Jeong’s lawyer said, “The prosecution continues to use terms such as that the victim, Maple, ‘escaped’ or ‘ran away’ to avoid Mr. Jeong and JMS, but in reality, the Wolmyeong-dong training center is an open space where anyone can come and go. He requested an on-site inspection, saying, “It is a structure where rape, etc. cannot occur.” However, the court said, “Considering that the victim’s inability to resist can also be achieved in psychological and doctrinal aspects, as the prosecution claims, whether or not the space is made public may not have a significant impact.” The court plans to hold two more follow-up trials and then pass a sentence in July.

Daejeon = Reporter Kang Eun-seon [email protected]

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