In the first retrial hearing for Choi Mal-ja (78), the prosecution sought a not guilty verdict. Choi was previously convicted for biting the tongue of a man attempting to sexually assault her 61 years ago.
The Busan District Court's Criminal Division 5 held the first retrial hearing and a decision hearing for Choi on the morning of the 23rd at 11 a.m. The prosecution immediately sought a verdict after skipping the defendant interrogation following the evidence examination.
The prosecution noted, "Regarding this case, we have concluded that the actions of the sexual violence victim do not constitute illegality due to being legitimate acts of self-defense. This is a legitimate interference against the sudden act of sexual violence, and it cannot be considered excessive, nor is it illegal. We request a not guilty verdict based on self-defense for the defendant."
On May 6, 1964, when Choi was 18 years old, she bit the tongue of a man attempting to sexually assault her, resulting in a 1.5 cm cut. She was sentenced to 10 months in prison with a 2-year suspended sentence by the Busan District Court. Although Choi claimed it was self-defense against sexual assault, the court did not accept her argument at the time. The man was only charged with special residential invasion and special threats, excluding attempted rape, and was sentenced to 6 months in prison with a 2-year suspended sentence, which was lighter than Choi's sentence.
The prosecution explained, "The role of the prosecution is to protect victims of crime from the crime itself as well as from social prejudice and secondary harm," adding, "In this case, the prosecution failed to fulfill that role and instead went in the opposite direction." They further stated, "As a result, we have caused immeasurable pain and suffering to Ms. Choi Mal-ja, who was supposed to be protected as a victim of sexual violence. We apologize."
Choi's attorney remarked, "This case is not one that becomes a not guilty case simply due to changes in the times, but rather a case that could only be not guilty both then and now, which was misjudged due to mistakes by the prosecution and the court," stating, "It's time for the court to respond." They added, "Just as the prosecution and the court must correct the mistakes of previous generations, the defense attorneys also wish to complete the unfinished arguments left by the senior generation of attorneys."
In her final statement, Choi said, "The state cannot bear any responsibility for the demon-like incident of that day in 1964, which transcended life and death. I earnestly ask you to remember the feelings of the victim's family that we should not forget until the end. I wish to believe that if there is hope and dreams after a life of 61 years as a sinner, we can create laws in the Republic of Korea so that future generations can live their lives with rights and happiness in a world without sexual violence."
Choi filed for a retrial in May 2020, 56 years after the incident, but both the Busan District Court and the Busan High Court dismissed her application, stating there was no evidence to support her claim that prosecutors illegally detained her and compelled her confession during the investigation.
However, after more than 3 years of deliberation, the Supreme Court found sufficient circumstances indicating that Choi's claims were correct and stated that a court fact-finding investigation was necessary for the retrial-targeted judgment, newspaper articles, inmate roster, criminal case department, and execution department. The Busan High Court subsequently upheld Choi's appeal against the dismissal of her serious injury case in February of this year.
The sentencing hearing for the retrial court is scheduled for 2 p.m. on September 10.