Special education teacher A, accused of emotionally abusing webtoon artist Joo Ho-min's autistic son, has been acquitted in the second trial, while the prosecution has appealed for a ruling from the Supreme Court.
According to the legal community, the Suwon District Prosecutor's Office submitted an appeal against A's appeal trial verdict to the court on the 19th.
Previously, Joo Ho-min filed a complaint against special education teacher A in September 2022, alleging that A abused his son, who has autism symptoms.
The first trial court sentenced A to a two million won suspended fine. A suspended sentence delays the pronouncement of punishment for a certain period for minor offenses, and if two years pass from the date of suspension, it effectively nullifies the conviction.
At that time, the first trial court, while considering the recording of conversations between third parties that were not made public as illegal collection, recognized the admissibility of evidence considering the exceptional circumstances of the case, such as that Joo Ho-min's child is a person with an autistic disability. In particular, regarding A's remark, "The habits are really bad. I'm talking about you. Ugh, I hate it. I hate it so much. I dislike you!", the court recognized the emotional abuse allegations as valid and ruled A guilty.
A did not accept the first trial verdict and simultaneously filed a request for constitutional review of the law. On the 13th, the 6-2nd Division of the Suwon District Court (Presiding Judge Kim Eun-jeong) overturned the first trial's suspended sentence of a two million won fine against elementary school special education teacher A, who was charged with child abuse, and acquitted A.
The appeal court stated, "According to the records of this case, it can be seen that the victim child's mother placed a recorder with the recording function turned on in her child's clothing during class to record the conversations between the defendant and the child that took place in the classroom," and determined, "These recordings and transcripts are considered 'unpublished conversations between third parties' in violation of the Communication Privacy Protection Act, and thus cannot be used as evidence."
Afterwards, Joo Ho-min remarked through the bulletin board of the YouTube channel "JuPearl" that "the second trial court ruled not on whether abuse occurred, but rather focused on the legal efficacy of the evidence to prove it, thus acquitting A. Although this result is contrary to our wishes, we respect the court's decision."
He continued, "I understand that the prosecution is reviewing whether to appeal, and our family intends to quietly observe that process," adding, "How to prove the abuse of a child with a disability, which is difficult to express... I still haven't found an answer, and my heart is heavy. For the time being, I will try to quietly stay by my family's side."
[Photo] OSEN DB
[OSEN]