Watchmen·Kelly... Prosecution Considers Additional Indictment

Preventing Sentence Reduction by Resuming Defense and Adding Obscenity Production Charges
Merging Cases After Additional Indictment Rather Than Amending the Indictment
Measures to Increase the Sentence of Former Operator of n-bunbang

[Image source=Yonhap News]

[Asia Economy Reporter Seongpil Cho] On the 30th, it was reported that the prosecution is strongly considering additional indictments against the former operators of the Telegram chat rooms 'Watchman' and 'Kelly,' who produced and distributed illegal sexual exploitation videos involving minors in the so-called 'Nth Room.' This measure aims to hold them criminally responsible in line with the heightened public demand for severe punishment following the arrest of Jo Joo-bin (24, in custody), the operator of the 'Doctor's Room.' While there is an option to amend the indictment, it is understood that the prosecution has determined that additional indictments followed by consolidation of cases are inevitable to impose heavier sentences on the defendants.

The Suwon District Prosecutors' Office's Women and Children Crime Investigation Division (Chief Prosecutor Hyunmin Jeon) is conducting additional investigations into the case of Jeon Mo (38), who was indicted under the Act on the Protection of Children and Juveniles Against Sexual Abuse, using the Telegram nickname 'Watchman.' On the 19th, during the sentencing hearing for the Watchman case, the prosecution requested a prison term of 3 years and 6 months for Jeon. However, amid growing concerns over a 'light punishment,' the prosecution applied for a resumption of arguments on the 24th, five days later, and launched supplementary investigations.

The prosecution is reportedly focusing on the connections between the Telegram chat room 'Gotham Room,' operated by Jeon, and other chat rooms involved in the production and distribution of obscene materials, such as the Doctor's Room. They are also closely examining whether Jeon directly participated in the production of obscene materials during this process.

With the next hearing for the Watchman case scheduled for the 6th of next month, the prosecution plans to complete the supplementary investigation within this week. If new criminal charges emerge during the investigation, they intend to file additional indictments and request the court to consolidate them with the existing case. If new criminal facts are found regarding the existing charges, they will also consider applying to amend the indictment.

However, it is reported that the prosecution is seeking connections between the Nth Room and Jeon based on investigation records rather than directly summoning the defendants or witnesses. This is because statements obtained through unilateral summons after indictment may be denied evidentiary value by the court, as they violate the principles of trial-centeredness and direct examination.

[Image source=Yonhap News]

Supplementary investigations are also underway for Shin Mo (32), known as 'Kelly,' who inherited and operated the Telegram Nth Room from the original operator 'GodGod.' This case is being handled by the Chuncheon District Prosecutors' Office Criminal Division 1 (Chief Prosecutor Jeongho Kim). Shin was indicted for distributing child and adolescent pornography and illegally profiting 25 million won, and was sentenced to one year in prison in the first trial. The second trial proceeded due to Shin's appeal, with the sentencing hearing scheduled for the 27th. However, similar to the Watchman case, public criticism over light punishment led to the decision to resume arguments and conduct supplementary investigations.

The prosecution is currently considering additional indictments against Shin for charges related to the production of child and adolescent pornography. If these charges are applied, it would provide grounds to sentence Shin to a maximum of life imprisonment. However, since the second trial is ongoing, the new case would be assigned to a new first trial court and tried separately from the existing case.

While amending the indictment could lead to a quicker conclusion in the second trial, Shin's case did not involve an appeal by the prosecution, so the principle of 'prohibition of disadvantageous changes' applies. Article 368 of the Criminal Procedure Act stipulates that 'in cases where only the defendant has appealed, a sentence heavier than that of the original trial cannot be imposed.' In other words, aside from additional indictments, there is no way to hold Shin criminally responsible in a manner that satisfies public opinion.

However, from the prosecution's perspective, if they proceed with additional indictments and expedite the first trial, then consolidate the cases during the second trial, they can effectively achieve the effect of amending the indictment. Lawyer Junsung Jang of Law Firm How said, "The prosecution's resumption of arguments appears to be a measure to prevent possible sentence reductions in the appellate court," adding, "Although the detention period is a variable, consolidation during the appellate trial is theoretically possible."

This content was produced with the assistance of AI translation services.