(EDITORIAL from the Korea Herald on Oct. 17)

Due punishment

News of the Supreme Court's decision upholding the lower court's 12-year prison
sentence for a 57- year-old man convicted of sexually assaulting an 8-year-old
girl last year has enraged the public, who believe that the sentencing was too
light given the injuries suffered by the victim.
The young girl was on her way to school when she was grabbed by Cho Doo-soon,
dragged to a bathroom in a nearby church, strangled to unconsciousness and raped.
The assault and Cho's attempts to remove evidence of the crime resulted in
extensive permanent physical disabilities for the girl.
When Cho, who has a long list of prior convictions, including sexual assault, was
caught and brought to trial, the prosecutors asked for a life term. However, Cho
claimed innocence and the district court in Ansan sentenced him to 12 years in
prison and seven years of electronic surveillance after release.
The court said that it took into consideration that Cho was drunk at the time of
the crime and his advanced age. The prosecutors, satisfied with a conviction
alone, and believing that 12 years was probably the maximum sentence that could
have been given out in the case, did not appeal. On the other hand, Cho appealed
the ruling, claiming it was too harsh. Because appeals courts cannot hand down a
longer sentence than one originally given, Cho's sentencing stuck. Ironically, it
was Cho who brought his case to the Supreme Court, arguing that the punishment
was too severe.
The public was enraged at the ruling as well as the handling of the case. How
could Cho's drunkenness be a reason for a lighter sentence? What does "advanced
age" have to do with sentencing criminals? Why did the prosecutors decide not to
appeal? It has also come to light that prosecutors failed to apply a newer law on
sexual assault of young children, which may have made a longer prison term
possible.
Even President Lee Myung-bak expressed concern, saying that criminals such as Cho
should be sequestered from society to the fullest extent possible. The new
justice minister said that there would be no parole for Cho. Cho is now serving
time in solitary confinement at a maximum security prison.
Despite the public outrage, legal experts say that the sentencing was not a
particularly lenient one, given typical sentencing patterns. Reducing sentences
in view of a defendant's age is a customary practice and appealing for leniency
claiming intoxication is a routine in Korea, according to legal experts.
That being the case, it is time to make changes to the law concerning sexual
assault of young children. Compared to other countries, sentences given to those
convicted of sexual crimes against children here are too lenient. In the United
States, aggravated sexual assaults against children under 14 are dealt with even
more sternly. A life sentence is not uncommon for those convicted.
Some legal experts caution that dealing more strictly with a particular crime is
ill advised. However, when it comes to crimes that damage a young person for
life, a stricter law seems justified. The fact that sexual predators often are
repeat offenders is another reason for harsher punishment.
What is really unfortunate in this case is that it could have been prevented.
Ansan, where the assault took place, is a city that is considered comparably
unsafe. There have been efforts in recent years to install CCTVs on streets
around schools to prevent such incidents, but that secluded corner in Ansan,
although a popular shortcut to school, was not monitored. Worse yet, Cho was a
convicted sexual offender, but there was practically no way for the residents to
know that there was a sexual predator in their neighborhood.
According to the police, four out of 10 child sexual assault defendants do not
serve any time. With sexual crimes against young children on the rise, the
offenders must be punished to the fullest extent of the law, to prevent repeat
offenses and to serve as warnings that offenders will be dealt with severely. It
is also time to revise the law on sexual assault against young children if
society is serious about their protection.
sam@yna.co.kr
(END)