In the appeal trial over retaliation threats by the perpetrator in the "Busan roundhouse kick case," the presiding judge remarked on the victim's public advocacy, saying, "Wasn't there quite a bit of media play?" prompting the victim to push back publicly.
The Busan High Court Criminal Division 2 (Presiding Judge Park Un-sam, Director General judge) on the 9th held an appellate hearing for a person surnamed Lee, who was indicted on charges including retaliation threats under the Act on the Aggravated Punishment of Specific Crimes. On this day, the court examined a witness, a person surnamed A, who had been incarcerated with Lee.
A said Lee, after being confined in a detention center, made multiple retaliation-focused remarks targeting the victim. A said, "Every evening Lee would say such things, and even while looking through the case file or writing a letter somewhere, kept talking about it."
A also explained why these remarks by Lee were shared on A's YouTube channel, saying, "The defendant kept talking about retaliation and saying 'I'll kill (the victim) when I get out,' so I was worried about the victim's safety." A further testified to the effect that A felt Lee intended to scare the victim to prevent interviews with the media and the like.
The key issue at the trial was whether Lee's remarks in the detention center were merely expressions of discontent, or retaliation threats intended to be conveyed to the victim through a third party.
The contentious remark arose during witness examination. When the presiding judge asked, "The defendant is making the defendant's own claims, but isn't that the sort of claim that would not frighten the victim?" the victim's attorney said, "I would like to respond to the suggestion that the victim would not be hurt because the perpetrator is engaging in media play."
In explaining the intent of the remark, the presiding judge said, "Didn't the victim also engage in considerable media play during the trial process?"
The victim's attorney again raised the issue, arguing that describing the victim's words and actions as "media play" was inappropriate.
The presiding judge said, "This case somehow feels like it is becoming politicized," adding, "Our panel does not make any such judgment at all and only confirms what the facts are and applies the law."
After the hearing, the victim, Kim, raised the issue on personal social media (SNS). Kim wrote, "Who said that if you are wronged you should bring it into the public sphere?" and "The judge says I probably wasn't afraid of the retaliation threats."
Kim continued, "The arguments were suddenly reopened, so I hurriedly hired a lawyer and went to the courtroom today, but I didn't expect it to be like this," adding, "If this is how it is, who will tip off authorities for victims and who will file reports?"
Lee was brought to trial for assaulting Kim, who was returning home, by chasing Kim in Busanjin District, Busan, at about 5 a.m. on May 22, 2022, and attacking in the shared lobby of an officetel, and in September 2023 the Supreme Court finalized a 20-year prison sentence, which Lee is serving.
Afterward, Lee was additionally indicted on charges of making retaliation remarks while incarcerated—mentioning Kim's home address to a fellow inmate and saying Lee would escape and kill Kim—and in February this year received an additional one-year prison sentence at the first trial.