South Korea’s “Suwon Case”: a Nightmare
12 Years Ago: a Record of the Violent Bandits’ Atrocities: Counting the Motive and the End
of the Crime 12 years ago, a case of raping and injuring a girl caused a stir in South Korea.
A 56-year-old middle-aged man raped an 8-year-old girl in broad daylight and abused her in an extremely anti-human way, resulting in her lifelong disability. The perpetrators of
this case are not only extremely cruel, but also very cunning.
He took advantage of loopholes in South Korean law and was sentenced to only 12 years in prison, which also caused great dissatisfaction among the South Korean people.
In 2013, the case was adapted to the big screen and became the film that many people “dare not watch” and “tear”. The case is also known as the “Suyuan Case”
because the little girl in the film is named Suyuan.
Recently, the news that Cho Doo-soon (also translated as Cho Doo-soon), the criminal in the case, will be released from prison on December 13, 2020, has once again triggered a heated debate in South Korea and even around the world, because he is regarded by the public as an extremely dangerous person who can still commit crimes.
So far, more than 800,000 South Koreans have signed a petition to prevent him from being released from prison.
In Ansan City, Gyeonggi Province, South Korea, the government is urgently installing 3700 cameras to prepare for the supervision measures after Cho Doo-soon’s release from prison.
Movie “Suyuan” stills
… The
film “Suyuan” stills
Human Observer Mission summed up the public’s concerns about the case, mainly involving the following aspects:
First, what is the real case behind the film?
Second, is Zhao Douchun’s means of committing a crime really as cruel and abnormal as he said on the Internet?
Third, why was such a ruthless criminal sentenced to only 12 years in prison? Is there anything hidden?
Fourth, what if Zhao Douchun continues to commit crimes after he is released from prison? Can personal safety of the people be guaranteed?
This article will elaborate on these issues. To this end, the Human Observer Mission also invited Yang Yanxia, an expert in Chinese criminal law, to make a professional interpretation of the case.
This article is a real case documentary, aiming at
cracking the truth of the big case and defending human justice!
Explore the darkness of human nature and prevent crime from happening!
1. The Truth
of the Case People who have seen the film “Suyuan” may express similar feelings such as “too terrible” and “dare not see”, but the real situation is far more chilling than in the film.. At about
9 am on December 11
,
2008, the police
department of Ansan City, Gyeonggi Province, South Korea, rang a rapid bell, and an alarm call broke the dreariness of winter.
The informant said he found a girl who had been severely abused in the bathroom of a church in Tanyuan District, Anshan City. The police arrived at the scene of the crime
ten minutes later. Everyone was shocked when they saw the scene in front of them.
A dying little girl was lying at the door of the bathroom, and her clothes were completely soaked with blood.
She was shivering and confused, her head and face were so swollen that she could hardly see her original appearance, and there was a deep bite mark on her right cheek.
The child’s abdomen had apparently been severely damaged, and his intestines had flowed out of the body, showing symptoms of hernia.
In the bathroom of less than two square meters, the floor was covered with water and blood. Li Qingmin (not his real name),
a police officer who was in charge of investigating the scene at the time, recalled
in an interview several years after the incident: In my career, I often went to dangerous places,
but I still remember that place ten years later.
It was a long and narrow bathroom,
with a toilet in it, surrounded by blood,
not only inside the bathroom, but also outside the door,
so that it was difficult for us to deduce the exact location of the crime. And how it is implemented.
Li Qingmin was interviewed
.
Li Qingmin was interviewed
. From this account, we can fully imagine how shocking and horrible the scene of the crime was.
The child was immediately taken to the hospital for emergency treatment, and the medical staff did their best to save her life.
But because the lower body injury was so serious, doctors told the parents that she might have to live with an artificial anus and a defecation bag for the rest of her life.
Later, the police learned about the incident from the little girl who woke up.
The little girl, Na Ying (not her real name), was 8 years old.
She is the prototype of Suyuan in the movie Suyuan.
Na Ying’s facial injury
…
Na Ying’s face is injured
. Na Ying’s abdomen is injured
.
Na Ying’s abdominal injury
According to Na Ying’s account, around 8:30 that morning, she dressed up as usual and went out of the house to go to class. When she
went out, her mother asked her if she needed to go to school with her. The
sensible Na Ying didn’t want her mother to work too hard, so she answered that the school was not too far away and she could walk there by herself.
However, this lovely little angel did not know that what awaited her ahead was the devil from hell and the disaster that made her suffer all her life. More than 100 meters
away from Na Ying’s school, there is a small church. Outside
the church door, she met a strange man who was acting strangely.
The man was about fifty years old, his hair was disheveled, and he looked a little unsteady.
He stopped Na Ying and asked, “Are you going to this church?”
Looking at the uncle who smelled of alcohol and looked a little fierce, Na Ying was a little afraid.
But the kind-hearted and innocent girl answered politely, “No.”.
Na Ying’s tender voice seemed to stimulate a certain nerve of the man.
The man dragged Na Ying to the bathroom at the end of the corridor on the second floor of the church and locked the door. He
then lowered the toilet seat, forcing Na Ying to sit down and try to have sex with her. The toilet
at the
crime scene.. The toilet
at the scene of the
crime was filled with fear in the face of the man’s rude behavior. She struggled to resist, trying to grab and kick each other with her hands.
However, her fierce reaction aroused the animal nature of the other side.
Seeing that he could not succeed for a while, the man beat Na Ying’s head and face crazily with his hands and bit her cheek with his mouth.
Little Na Ying is crying and struggling in pain, but the man is not satisfied with it.
He grabbed Na Ying’s neck, pushed her head into the toilet again and again, drowned and tortured her, and then punched and kicked Na Ying, who had lost the ability to resist after choking water.
These are the last memories of Na Ying before she lost consciousness completely.
I believe many people are already full of anger and clenched fists when they see this.
But this is only the beginning of the horror, and what happened after that is really inhuman and heinous!
2. Demons in the world
because the process of violence is too bloody and anti-human, this article will make appropriate deletions to the facts.
According to the current public information, after the violation, Zhao Douchun used extremely tyrannical means in order to destroy the evidence he left on Na Ying.
At that time, it was a cold winter, and he first washed Na Ying’s face and ears repeatedly with freezing toilet water.
Then, she used extremely cruel and angry means to hurt little Na Ying, causing permanent damage to Na Ying’s body.
The following is the doctor’s description of Na Ying’s injuries.
-Abdominal and pelvic fractures
-Large and small intestines flowing out of the body necrosis
-Anus and sexual organs 80% Damage
-You need to carry a defecation bag with you
-You may be infertile
for life. Do you feel like your scalp is tingling and your heart is being pulled up when you see this?
Let’s go back to the scene.
When Na Ying woke up from her coma, she found herself alone in the bathroom.
She crawled out of the door with difficulty. At the door of the
bathroom, Na Ying breathed a sigh of relief and tried to shout out, “Is anyone there?”? Help me..
But the only thing that responded to her was the silence around her.
Na Ying felt colder and colder, and she was a little desperate.
But the belief that she wanted to live made her cheer up again. With all her strength,
she raised her voice and shouted again and again, “Is anyone there?” “Please help me!”
Fortunately, a passer-by heard a faint cry for help coming from the building and came in to find Na Ying.
At that time, her face was swollen beyond recognition, her nose was broken, her teeth were shaking, and a piece of flesh on her face was about to be bitten off.
Passers-by quickly called the police, which pulled little Na Ying back from the brink of death.
So, how was Zhao Douchun identified as a criminal suspect? I believe this is the concern of many people.
According to the police, the scene of the crime was seriously damaged, which brought many difficulties to solve the case. At
first, they extracted some hair at the scene, collected blood, examined the sink, and even removed the handle of the glass door, but found no evidence directly related to the murderer.
Because after DNA testing, it can only be confirmed that these blood and hair samples belong only to Xiao Na Ying.
At the same time, the police found that the whole bathroom interior and around the toilet had been mopped by the mop.
Various signs indicate that the murderer is a calm, cunning person with certain anti-reconnaissance ability.
Investigators were aware of the perpetrator’s intentions, and after six hours of sweeping searches, they extracted a total of three identifiable suspicious fingerprints in the bathroom.
The three fingerprints were rushed to the police department for analysis, and they became the key to cracking the case. Three suspicious fingerprints
found by the
police.. The
police found three suspicious fingerprints
, and then the police took the closed-circuit television surveillance around the church, combined with the results of fingerprint comparison.
Finally, Zhao Douchun, then 56 years old, was identified as the biggest suspect in the case.
Zhao Douchun’s home is located in an apartment only 500 meters away from the scene of the crime, and he was at home when the police arrested him.
However, when the police arrived at the apartment, they found a note on the door of Zhao Douchun’s house with the words “already out.”. The “already out” note
posted on
Cho Doo Chun’s door … The police did not give up on the “already out” note
posted on
Chao Tou Chun’s door. After squatting for nearly two hours, they heard the faint sound of running water coming from inside the house.
Eventually, the police took Zhao Douchun away from his home and found clothes, shoes and socks stained with the victim’s blood in the closet of his home on the spot. At
this point, it seems that the murderer is a foregone conclusion.
In fact, Zhao Douchun refused to plead guilty! Pretend to be innocent. What
he said the most was – “What did I do wrong?”? Why are you arresting me? It’s really ridiculous! In the face of
police interrogation, Zhao Douchun completely denied that he had sexually assaulted Na Ying, and he even swore that if he did it, he would commit suicide immediately.
Let’s take a look at the transcript
of the interrogation at that time: The first round of interrogation (December 13, 2008)
Police: When the child was being treated in the hospital, Identified you
from 9 people Cho Doo-soon: Very ridiculous
Police: Suspect, do you really think it’s ridiculous
Cho Doo-soon: Yes, I really think it’s ridiculous
.
Second Interrogation (December 14, 2008)
Police: Your fingerprints were found at the scene. Don’t you think this is direct evidence of the murderer in this case?
Cho Doo-soon: I asked for a lawyer to participate in the investigation and then be interrogated. How do I know the fingerprints aren’t fake? The original text
of the
interrogation. The
third interrogation (December 17, 2008)
, when the police showed the results of fingerprint comparison and pointed out that the victim’s blood was found on his clothes, shoes and socks.
Cho Doo-soon: I don’t have any memories at all! The original text
of the
interrogation.
From then on, Zhao Douchun began to argue that he had drunk a lot of wine, was in a state of drunkenness, and had no impression of what had happened that day. What
on earth made Zhao Douchun’s confession and attitude change?
It should be mentioned that the current law in South Korea holds that the loss of discernment caused by drunkenness is the same as mental illness.
And Cho Doo-soon knows this because this is not his first crime.
According to the police files, before that, Zhao Douchun had 17 criminal records!
These include cases of sexual assault and even injury to death. We will talk about these cases later. Here we will continue to talk about how Cho Doo-soon dealt with the police. Zhao Douchun, who has dealt with the
police many times, knows the law well, and he wants to use this loophole in the law to help him get off.
In his statement to the police, he said: First, I drank a bottle of foreign wine at 12 noon the day before the crime.
Then he drank a bottle and a half of soju within 30 minutes after 7 P. m.
Then he went to a convenience store to buy a bottle of foreign wine and drank it in a KTV until 11 pm. The bill
provided by
Zhao Dou Chun..
At the same time, Zhao Douchun also provided the police with a receipt for the purchase of foreign wine at noon the day before the incident as evidence.
In this regard, Na Ying’s complaint lawyer pointed out that Zhao Douchun had been claiming that he had drunk a lot of alcohol, but apart from the place where he drank for the first time and the amount of alcohol he drank, the rest could not be confirmed.
As for the degree of drunkenness he said, there is no objective evidence.
Other jurists also believe that although the process of alcohol metabolism takes about 24-48 hours, the content of alcohol in the human body will be greatly reduced in 8-12 hours after drinking.
Zhao Douchun drank at noon the day before the incident, and it had been more than 18 hours by the time of the incident.
At this time, the alcohol content in his body should not reach the level of drunkenness, so it can not be used as a reason for his drunken crime.
When the prosecution came to investigate, Zhao Douchun changed his words, saying that he had been drinking from the night before the crime to 6 A. M. the next day, and said that the amount of alcohol was twice as much as before.
This is the cunning of Zhao Douchun! Anyone with a discerning eye may have seen the purpose of Zhao Douchun’s statement.
He wanted to prove that he was in a state of severe drunkenness at the time of the case in order to evade legal sanctions.
Not only that, he is also a “good actor.”.
During the trial, Zhao Douchun was courteous and polite throughout the trial.
When asked about the crime, he only denied it, saying, “I don’t remember anything. I was really wronged.”. I usually go too far after drinking, and I often break into fragments. As if he had done nothing wrong at all. While
waiting for the verdict, Zhao Douchun not only showed no remorse, but also threatened Na Ying’s family and even the police.
He once said to the head of the police: “Even if I go to prison for 15 or 20 years, even if I come out at the age of 70, I will exercise well inside. You just wait for me to get out of prison.” The arrogance can be described as arrogance. What is
this if not the devil?!
3. Although the
prosecution has been requesting that Zhao Douchun be sentenced to imprisonment for life for rape and injury, the court finally accepted Zhao Douchun’s statement. The Supreme Court of
Korea held that Zhao Douchun was too old at that time and was drunk at the time of committing the crime, which led to mental instability and weak ability to distinguish things or decide consciousness.
According to the provisions of Article 10, paragraph 2, of the Korean Criminal Code, if the offender loses the basic ability to distinguish things because of his unstable mental state, he can get a reduced sentence. Article 10, paragraph 2, of the Criminal Code of
Korea
…
As a result, in March 2009, Cho Doo-soon was given a lighter sentence of 12 years in prison for the crime of “rape and injury” in the first instance. The prosecution subsequently did not continue to appeal.
Ironically, Cho Doo-soon was dissatisfied with the verdict. He filed an appeal, arguing that his sentence was excessive, which was rejected by the court.
In fact, before the first trial, Zhao Douchun frequently submitted petitions to the judicial organs, as many as seven times before and after. More than 300 pages in all.
In these petitions, he not only completely denied the crime, but also promised in all sincerity and seriousness that he would never do such a “shameless thing that would be punished by God.” He even shamelessly claimed that the evidence provided by the police was intended to slander himself.
Cho Doo-soon’s petition
..
Zhao Douchun’s Petition
Look at these words full of blood and tears, people who do not know the truth will really feel that he was wronged, right?
His wife’s petition to the court also said, “My husband cooks, washes, cleans the house, and does everything in the house. He never loses his temper. Everyone praises him as a polite man.” “Apart from my husband’s hesitation after drinking, I think our family has always been a very peaceful family.”.
But is this really the case?
Zhao Douchun was born in a very poor family on October 18, 1952. After dropping out of primary school, he often wandered around the society.
The first time he was caught was when he was caught stealing a bicycle in 1970. Because he was a minor at that time, he was only placed in the custody of a guardian.
Two years later, he spent one year and six months in a juvenile home for threatening his peers and extorting money from them.
Gradually, Zhao Douchun became a recidivist, and in 1977 he was sentenced to eight months in prison for repeated theft.
In 1983, Cho Doo-soon was sentenced to three years in prison by the North Seoul District Court for beating a 19-year-old woman on the road and dragging her to a hotel to commit sexual violence in Mia-dong, Daofong District, Seoul.
However, such punishment did not make any change in Zhao Douchun.
In 1995, Cho Doo-soon punched and kicked a 60-year-old man just because he heard someone praising former South Korean President Chun Doo-hwan at the wine table, which eventually led to the death of the man.
He was prosecuted on suspicion of “injury to death” and sentenced to five years’ imprisonment in the first instance.
However, he was sentenced to two years’imprisonment and sent to a psychiatric hospital for treatment because he was found to be unconscious after drinking in the second instance.
Perhaps it was this change of sentence that gave Chao the first taste of the benefits of exploiting legal loopholes, and also laid the groundwork for him to repeat his old tricks in the Suyuan case.
Since then, he has had a number of fines or prison sentences for injury or violence, which are not detailed here.
…
Cho Doo-soon’s criminal record
..
Zhao Douchun’s criminal record
After listening to Zhao Douchun’s crimes, you must have the answer in mind. As soon as the verdict in the
“Suwon case” came out, countless South Koreans believed that the outcome of the trial was unfair.
Many people questioned whether Zhao Douchun was really in a state of unconsciousness when he committed violence?
Some articles pointed out that if Zhao Douchun was really confused when he committed a crime, he would inevitably show confused words and deeds. But according to reports, he calmly tried to destroy the evidence after committing the crime, and when he returned home that day, he told his wife that he had “made trouble.”. A police officer who
had taken part in the arrest of Cho Doo-soon also said in an interview afterwards: “As if he had expected someone to come, he had prepared a sticker in advance saying that he had gone out.”
-There was even a rant saying, “Does child rape mean drinking?” Questioning.
Moreover, there was a requirement to protect the privacy of criminals in Korean law at that time.
It is precisely because of this provision that for a long time, people did not know what the murderer in this case looked like. This has also triggered social indignation!
Many people have petitioned the Blue House, including requests for retrial, public photos, opposition to release from prison, chemical castration and so on, more than 6000 times before and after.
However, these petitions were eventually rejected one by one. Cheong Wa Dae officials replied:
“To impose new sanctions on the prisoner, he must be retried.”. But this is not possible under the Korean legal framework.
As for the publication of photos, in fact, in 2010, South Korea updated the Special Law on Punishment of Specific Violent Crimes, stipulating that the photos of felons can be made public.
However, based on the above official reply results, it did not apply to Zhao Douchun.
Until April 24, 2019, South Korean media MBC’s program “Truth Exploration Team” (also known as “Truth Exploration Team”), for the sake of public safety, at the risk of violating the criminal law, first announced the true appearance of Zhao Douchun. Let
‘s take a look at what this cold-blooded, treacherous and insane recidivist looks like.
Zhao Dou Chun’s own photo
…
Zhao Douchun’s own photos
show that before the “Suyuan case”, Zhao Douchun had worked as a construction worker and security guard. At the time of the
crime, he was unemployed.
According to people familiar with Zhao Douchun, he seldom contacts friends at ordinary times.
According to insiders, Zhao Douchun likes drinking, can drink two or three bottles of soju at a meal, and even has a little alcohol dependence.
Perhaps the court also referred to this point when sentencing. After the
verdict came into effect, Cho Doo-soon was held in solitary confinement in Cheongseong Prison, which is now the first prison in northern Gyeongsangbuk-do.
In 2018, he was transferred to Pohang Prison and began receiving psychological treatment to prevent sexual violence.
At present, he is still detained in the former prison. Cho Doo-soon
in prison
.. Cho Doo-soon in
prison
4. Countdown
to release from prison “I don’t think he should be released from prison.” This is what Na Ying’s father said in an interview with South Korean media in 2017.
Na Ying’s father was interviewed
.
Na Ying’s father was interviewed
, and this is not just Na Ying’s father’s idea.
It is said that Zhao Douchun said in prison that he would go back to Anshan City after going out and go to see Na Ying.
These words, like a time bomb, planted a deep fear in people’s hearts.
Since 2017, angry South Koreans have signed a petition on the website of the Blue House.
And leave a message questioning why such a heinous child sex offender should be released? Who will protect the children when
such demons are released?
It is hoped that the government will take measures to prevent Cho Doo-soon from being released from prison or returning to Ansan.
Today, the number of petitioners exceeds 800,000. Under the title “Cho Doo-soon is by your side,”
“The Truth Squad” produced a special issue about the state of child sex offenders after they were released from prison.
According to South Korean law, felons involved in sexual assault will be required to wear electronic shackles, accept surveillance and disclose their real addresses as long as they are released from prison.
Electronic fetters
.
Electronic fetters
, for example, Zhao Douchun had to wear electronic fetters for seven years after he was released from prison, and his personal information was disclosed for five years.
At the same time, according to Article 41 of the Juvenile Sexual Protection Act of the Republic of Korea,
such persons are not allowed to appear within a distance of less than 100 meters from the homes and schools of the murdered children and adolescents after their release from prison.
However, this is not the case in reality, and it can even be said to be worrying! The
program checked the address information of some registered sex offenders in the “Sex Offender Bulletin” (www. Sexoffender. Go. Kr) and conducted on-site visits to these places.
However, when the program arrived, it found that the houses were either uninhabited or no longer existed. Those sex offenders who should have been on surveillance after their
release from prison have long disappeared. In further understanding, the
program group found that most of these online registered addresses are near the primary school campus, or even in the same block, and the distance is not more than 1 kilometer. Does it
sound like you’re getting chills down your spine? A diagram
of where
sex offenders live.. Sketch map
of
sex offenders’residence According to the program group’s investigation, these highly dangerous criminals not only lack strict control and tracking in their residence.
They can even easily engage in jobs that are not strictly screened for the identity of their employees, such as volunteers and church fathers, which are easily accessible to minors! All of
these have seriously exposed the great loopholes in the actual supervision of Korean law enforcement agencies.
No wonder a wave of panic is spreading in South Korea, especially among families with children, as Cho Doo-soon’s sentence nears its end.
Some people may think, in this case, Na Ying can choose to move!
But can moving really solve the problem?
According to the investigation of the program group, in the 10 years after the “Suyuan case”, Na Ying’s family and Zhao Douchun’s wife have moved more than once,
but strangely, no matter where they moved, the two families have always lived close to each other. How
close is it? It is understood that the distance between the two houses is only 500 meters recently! The farthest distance is not more than 1000 meters. Is
this really just a coincidence?
When the show asked Cho Doo-soon’s wife, “Do you know if the victim Na Ying’s family lives nearby?”
She acted very cold. Just say, “I don’t know where they live. Go away. I don’t want to know, and I don’t care.”.
Moreover, she also said to the program group, “I will visit the prison, and I have not divorced my husband.”. He
even said defensively, “If he (Chao Tou-chun) doesn’t drink, he’s fine at home. It’s only after drinking that he’s like that.”.
Zhao Douchun’s wife’s maintenance and indulgence of her husband is really speechless. Is there any hidden secret behind
her words and actions, as well as the close connection between her and Cho Doo-soon? It’s creepy to
think about all this!
Media interview with Cho Doo-soon’s wife
…
Media interviews with Cho Doo-soon’s wife
are even scarier. According to the latest appraisal of Cho Doo-soon’s current condition by the South Korean Ministry of Justice,
although Cho Doo-soon has received hundreds of hours of psychological treatment in prison, But he still scored 29 points in an antisocial personality survey.
The score is even higher than that of two other notorious serial killers in South Korea, Jiang Haoshun, the “silk stockings killer” who strangled seven women and set fire to them, and Li Yingxue, the “molar father” who sexually assaulted his daughter’s friend and killed him.
South Korea’s three villains Cho Doo-soon, Kang Ho-soon, Lee Young-hak’s anti-social personality survey score comparison
… An authoritative expert has also interpreted
the results of Cho Doo-soon’s anti-social personality survey by comparing
the scores of the three major villains in
South Korea, Cho Doo-soon, Kang Ho-soon, and Lee Young-hak. For example, in order to satisfy sexual desire, they will stop at nothing, and in order to achieve their own goals, even the lives of young children can be ignored.
This means that Cho Doo-soon is highly likely to “commit another crime” after he is released from prison.
Not only that, according to expert analysis, in view of Zhao Douchun’s wife’s shielding attitude towards her husband, the possibility of Zhao Douchun returning to his family after his release from prison is also very high.
This also means that he and Na Ying’s family are likely to become neighbors again, and may even reappear in Na Ying’s side.
Do you really want to continue to be neighbors with such insane people? In an interview with Na Ying’s father
, the reporter asked, “Do you still want to move?”
Hearing the reporter’s question, Na Ying’s father responded angrily: “Why did the victim run away with her luggage on her back?!”
He even said that if he could, he would rather pay for Zhao Douchun to leave the city.
Na Ying’s father was interviewed by the media
.
Na Ying’s father was interviewed by the media
and faced with the reality that he was unable to stop the return of the devil, Na Ying’s father could not help lamenting.
My daughter still wears diapers at home. When traveling long distances, I carry the largest sanitary pads in my bag. Unless you’ve experienced it yourself, you can’t imagine how it feels as a parent to see this. I lived a life of sin that I couldn’t protect my children. Because Cho Doo-soon is still with us..
This haze not only shrouded the hearts of Na Ying’s family, but in subsequent street interviews, the program found that almost all the people interviewed expressed deep concern about the safety of themselves and their families.
South Korean media interviewed people
on the street at random.
South Korean media interviewed people
on the streets at random. In order to eliminate the anxiety of the citizens, the South Korean government decided to install 3700 cameras in Anshan City.
It will also set up a safe area for women within 1 km of Zhao Douchun’s home and send mobile patrols to patrol.
Media interviews with the people
in charge of supervision.. In
addition to
media interviews with supervisors, there will be 24-hour one-to-one surveillance of Zhao Douchun by protection observers, as well as face-to-face management at least four times a week.
In addition, local authorities have applied to the court to ban Zhao Douchun from drinking and going out after 10 P. m.
But in any case, these practices may not be able to completely eliminate the panic of the Korean people, as well as doubts about Korean laws and regulatory authorities.
5. Think more about
the “Suwon case.” Although 12 years have passed, the South Korean court has not re-convicted Cho Doo-soon. But the significance of this case is far-reaching, and it has promoted the progress of Korean law.
Since 2009, South Korea has strengthened the Special Law on Sexual Violence and strengthened the sentencing standards for child sexual assault crimes.
In 2010, South Korea updated the Special Law on Punishment of Specific Violent Crimes, announcing that the maximum sentence for sexual assault on children would be raised from 15 years to 30 years, and then directly to 50 years.
In the same year, South Korea also abolished the previous statute of limitations for sex offenders under the age of 13, and extended the maximum period for sex offenders to wear electronic shackles from 10 years to 30 years.
In 2011, South Korea began to implement the “Sexual Impulse Drug Treatment for Sex Offenders”, the core content of which is to allow the use of chemicals for “chemical castration” of sex offenders.
In 2012, South Korea became the first country in Asia to implement chemical castration after the National Assembly formally passed the “Chemical Castration of Child Sexual Assault Repeat Offenders” bill.
In 2013, South Korea further amended the maximum sentence for rape of children and adolescents to a imprisonment for life without parole. On April 16,
2019, a bill commonly known as “Cho Doo-soon Law” was formally implemented in South Korea. Its full name is “Law on Protection and Observation of Specific Criminals and Wearing Electronic Fetters”.
The law stipulates that in addition to wearing electronic shackles, certain released prisoners will be subject to 24-hour strict supervision by the Commissioner to prevent them from committing crimes again after they are released from prison.
I don’t know if you have seen such a painting on the Internet, which was painted by Na Ying, who was only 8 years old when she was receiving psychotherapy.
In 2009, Na Ying drew pictures
during psychotherapy. When asked what she meant by the picture she drew
during psychotherapy in
2009, she replied childishly: I hope he will be locked up for 60 years and can only eat rice mixed with soil and live with worms. The nightmare
12 years ago brought Na Ying not only physical devastation, but also mental and spiritual devastation.
Today, Na Ying is a 20-year-old college student. Strong, she studied very hard, and her dream was to be a doctor.
It is reported that Na Ying has successfully removed the defecation bag through surgery and started to live like a normal person.
Only in the past 12 years, she often fell into the predicament of insomnia, anxiety and constant nightmares. Especially after learning that Zhao Douchun was about to be released from prison, the symptoms became more serious.
The latest news is that Na Ying’s family has moved out of Anshan City on November 12, 2020. We sincerely hope that Na Ying can start a new life in a new place. To bring up this case again
today is not to reopen the victim’s scars and affect her life.
Instead, we hope to alert the world in this way and avoid letting more innocent children like Na Ying repeat the same mistakes.
With the spread of the film “Suyuan”, more and more Chinese netizens have also learned about the case, and while they are indignant, they will also think: If such a case happened in our country, how would the law judge it? Will a drunken person commit a crime with a lighter or mitigated punishment?
To this end, the Human Observer Mission invited a criminal law expert, Yang Yanxia, an associate professor of the Law School of Zhejiang University of Technology and a famous tutor of criminal law in the legal professional qualification examination, to answer your questions.
According to the provisions of Article 236 of the Criminal Law of China, if rape causes serious injury or death, the statutory penalty is fixed-term imprisonment of not less than ten years, life imprisonment and death penalty. Whoever has sexual relations with a girl under the age of 14 shall be given a heavier punishment. If
Zhao Douchun is in our country, it is estimated that he will at least be sentenced to life imprisonment or suspended execution of the death penalty. If the people are extremely angry, it is also possible that the death penalty will be executed immediately. This is because his series of violent acts against Na Ying shows that he is laissez-faire about Na Ying’s death, so he may also be sentenced to death immediately. The
South Korean court gave Cho Doo-soon a light sentence because he was drunk at the time. There is no such provision in our criminal law. Article 18 of the Criminal Law of the People’s Republic of China stipulates the criminal responsibility of the mentally ill and the intoxicated separately as two paragraphs. Paragraph 3 of Article 18 stipulates: “If a mentally ill person who has not completely lost the ability to recognize or control his own conduct commits a crime, he shall bear criminal responsibility, but he may be given a lighter or mitigated punishment.” Section 4 States: “If a person commits a crime while intoxicated, he shall bear criminal responsibility.”
Therefore, the Criminal Law of the People’s Republic of China does not stipulate that “a drunken person who commits a crime may be given a lighter or mitigated punishment.”.
This is because drunken people voluntarily fall into a state of no or only partial responsibility. This kind of behavior is called “actio libera in causa” in theory. Because the actor is willing to fall into this state, he must be responsible for his actions after falling into this state. The judge’s determination of his capacity for responsibility was based on his capacity to act before he was drunk.
This provision is very correct and necessary. If there is no such provision, the criminal acts of drunkards can only be determined according to their ability to commit crimes, and they may be lightly sentenced or even not sentenced. This is tantamount to encouraging people to drink as much as possible before committing a crime. In this way, even if drunk driving kills people, they do not have to bear criminal responsibility. Such a law becomes an “evil law.”.
Thank you, teacher Yang Yanxia, for your analysis.
Not every case ends with the death of the victim. Sometimes, it takes more courage to live than to die. Not every case can be judged in time to punish the evil and promote the good, but as long as the wheels of progress do not stop, justice will eventually crush all evil!
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