[사건노트]is a corner where lawyer Kim Woo-seok, former chief prosecutor, provides legal solutions to hot cases and also provides information on investigations and trial practices. Reporter Lee Ga-young sums up.
Footballer Hwang Ui-jo (32). /Newsis
On the 14th, the sister-in-law of footballer Hwang Ui-jo (32), indicted on charges of having distributed a porn video and threatening him, was sentenced to three years in prison in the first trial.
Hwang’s sister-in-law initially vehemently denied the allegations, but suddenly turned around and confessed while submitting a statement of remorse. One day before the verdict was pronounced, 20 million won was suddenly deposited, saying it was for the victim, Ms. A.
Mr. A is angry at Mr. Hwang’s statement that it was not illegal filming, and is afraid that there may be more illegal filming and wants the two to be severely punished.
In this case, Mr. Hwang, his sister-in-law and Mr. A appear to be fighting fiercely with the help of legal experts. You can see the investigative and trial strategies of Mr. Hwang and his sister-in-law, and you can feel Mr. A’s control over them. Let’s take a look at the scene of a fierce battle taking place in a criminal trial.
◇Detective storage, why do it?
Q. Mr. Hwang’s sister-in-law “criminally deposited” 20 million won and the victim refused. What is criminal filing?
A. In crimes where there is a victim, the victim’s pardon (agreement) and damages determine whether lenient action, such as probation or a reduced sentence, will be granted. If a settlement is reached, a compensation amount (compensation for damages) is usually paid.
However, if an agreement is not reached, the victim is designated as the recipient and compensation for damages is entrusted to the judge. This is a criminal deposit. Since we have taken measures to recover the damage, we ask you to take this into account and be lenient.
◇’Surprise filing’ without the knowledge of the victim… What is the litigation strategy behind all this?
Q. What is the reason for filing it “the day before the sentence is pronounced”?
A. If the deposit is made 1 day before the sentence is pronounced, ▲the offender can ask the court for damages, but ▲the victim will lose the opportunity to refute. There is no time to acknowledge the filing and write a rebuttal statement.
This is a representative strategy for reducing sentences, and in practice it is often called a “surprise filing.” In the event of a surprise deposition, you must notify the victim and give him the opportunity to present his opinion to the court. To this end, it would be desirable to postpone the sentence or resume the hearing. Prosecutors are emphasizing this type of hands-on operation, and courts are also responding favorably.
The victim, perhaps because he believed the ‘surprise bail’ was unfair, immediately protested and asked for severe punishment. In this case, the court also criticized Hwang’s sister-in-law, saying: “There is no serious reflection.”
Lawyer Lee Eun-eui, legal representative of the victim of the alleged “illegal filming” of footballer Hwang Ui-jo, refutes the statement distributed by Hwang Ui-jo in his office in Seocho-gu, Seoul, on November 23 last year by disclosing Messenger conversations, etc. /News 1
◇Compensation for mental damage in money… Unconditional clemency?
Q. The victim even said that he would not accept the 20 million won deposit. Can’t I get the deposit?
A. Just because the offender has made a criminal bond, the victim is not obligated to accept it. In fact, there are quite a few cases where penal deposits are not received. “I don’t need money, so please punish the culprit severely,” and the female victim also takes this position.
If it was a crime against property such as fraud, the compensation for damages could be equal to the criminal bail. However, in the case of crimes involving the filming, storage and distribution of sex videos, it is difficult to argue that damages are compensated through criminal filing alone. Since these are psychological damages, monetary compensation alone is not sufficient.
In this case, if there is no sincere reflection and there is no apology from the offender and forgiveness from the victim, it is practical not to grant leniency on the basis of the deposit.
◇After denying the accusations to the extreme, do you suddenly reflect? Is this also a trick?
Q. Mr. Hwang’s sister-in-law destroyed evidence, including the reset of his cell phone, and claimed to have been hacked, then suddenly confessed. Why did you confess?
A. If you confess and reflect, the sentence is usually lower than if you deny it. However, if a person confesses only after all the evidence has been revealed and denying it is useless, there are many cases where the sentence will not be reduced. This may have been the Court’s purpose in this case when it ruled that “he cannot be considered to be thinking seriously.”
However, because even a late confession can help reduce the sentence, suspects often make a late confession as part of their litigation strategy. In cases like this, victims often protest, calling it a “trick.” The woman victim of this incident was also angry at her sister-in-law’s remorse and demanded severe punishment.
◇Save Hwang Ui-jo, the sister-in-law who said, “It’s all my fault?”
Q. Regarding Hwang’s sister-in-law’s statement of remorse, the victim objected, saying that it was only “saving Hwang Ui-jo” and not reflection. How do you see it?
A. Mr. Hwang denies the crime, saying the video was made with the victim’s consent. However, in the sister-in-law’s reflection, it is stated that “the victim looked at the camera”. Since he was aware of the camera, he knew it was being filmed, which is consistent with Hwang’s statement.
This is a common topic that comes up in practice when discussing whether or not a hidden camera exists. In some cases, a not guilty verdict is rendered for this reason.
However, the victim claims that “the image of her refusing to be filmed was erased through diabolical editing.” The video was edited to be unfavorable to the victim and to Hwang’s advantage. If this were true, it would be exasperating for the victim.
Furthermore, the sister-in-law’s statement of remorse is said to state, “Hwang Ui-jo is not an unscrupulous person who engages in illegal filming, and it’s all my fault.” If Hwang’s illegal filming were true, the victim would be shocked. This is because the sister-in-law sacrifices herself to grant Mr. Hwang forgiveness.
Whether Mr. Hwang filmed illegally will be determined through future investigations. Instead of being influenced by party claims or public opinion, it is necessary to reveal the exact truth. We will ensure that the victim’s painful wounds are taken care of, but we hope that the truth will be revealed through a thorough investigation so that no one suffers injustice.
Wooseok Kim, CEO of Myungjin Law Firm. /Chosun DB
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