Musical actor Nam Kyung-ju, who has been indicted on charges of sexually assaulting a student, will face a citizen participation trial.
On the 26th, Seoul Central District Court Criminal Division 29 (presiding judge Eom Gi-pyo) held the first pretrial conference for Nam Kyung-ju, who is charged with sexual intercourse with a person under supervision, and decided to hold a citizen participation trial over two days on Nov. 27 and 30.
A citizen participation trial is a system in which citizens participate as jurors in criminal trials to determine guilt or innocence and offer sentencing opinions. Jurors' opinions are not legally binding in court and carry only advisory effect.
On the day, Nam Kyung-ju's side said they hoped for a citizen participation trial and noted "the main issue is whether there was a protective supervisory relationship between the defendant and the victim," adding "the defendant and his lawyers want to hear the jurors' judgment."
On the other hand, the victim's lawyer said, "As much as the right to receive a citizen participation trial, the wishes of the victim must be respected in sexual violence cases," and asked, "Please carefully consider whether to hold a citizen participation trial."
In response, the court accepted Nam Kyung-ju's request. The bench said, "As the victim's side mentioned, there is a structural aspect in which a citizen participation trial does not fully protect the victim," but added, "Because for the defendant it is a decision of his lifetime, we will accept the defense's opinion and proceed with a citizen participation trial."
Accordingly, on Nov. 27 the court will conduct documentary evidence examination including testimonial questioning and the prosecution's statement of the gist of the indictment, playback of CCTV footage and recordings, and continue questioning five witnesses requested by the defense.
On the second day of the trial, Nov. 30, the court will conduct witness examination of the victim, defendant questioning, hear the prosecution's sentencing recommendation and the defendant's final argument, and then deliver the verdict for Nam Kyung-ju.
The bench said, "In a citizen participation trial where jurors are the audience, persuading the jurors is important, so unless it involves insults, defamation, or threats against the opposing side, both parties may autonomously determine their methods of persuasion," and added, "Extremely, we would even allow both sides to use their specialties and perform a musical, if necessary."
Meanwhile, Nam Kyung-ju is accused of sexually assaulting student A at a location in Seocho District, Seoul, in December last year. Immediately after the incident, A is reported to have felt threatened, left the scene, and promptly reported it to the police.
Initially Nam Kyung-ju denied the charges during police investigation, but the police concluded that a crime had been committed and forwarded the case to the prosecution with a recommendation to indict. During the subsequent prosecution investigation, Nam Kyung-ju attempted to reach a settlement with the victim, but A refused and no agreement was reached. Nam Kyung-ju was suspended from his position as a professor in the Department of Performing Arts at Hongik University over the case.
[Photo] OSEN DB
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