"Drinking Restriction" Jodusun, Maximum Sentence of 1 Year Even for Heavy Drinking (Comprehensive Report 2)
[Asia Economy Reporter Seongpil Jo] The court has imposed special compliance conditions on child sex offender Jo Doo-soon (68), including restrictions on going out during late-night hours, prohibition of alcohol consumption, and bans on entering schools and other educational facilities. The Criminal Division 1 of the Ansan Branch of Suwon District Court (Chief Judge Lee Jeong-hyung) approved the special compliance conditions requested by the prosecution on the 15th. An official from the Ansan Branch stated, "Apart from the fact that an electronic device is attached, it is judged that there is a significant reason for a change in circumstances to add compliance conditions."
Child sex offender Jo Doo-soon, who was released after serving his sentence, arriving at the Ansan Probation Office on the morning of the 12th and getting off the official vehicle / Photo by Jo Sung-pil gatozz@
View original imageCourt: "Only a Sip of Alcohol Allowed"
According to the court's decision, Jo Doo-soon must comply with five conditions during the 7-year period of wearing the location tracking electronic device (electronic anklet): ▲ prohibition of going out during late-night hours (9 PM to 6 AM the next day) ▲ prohibition of excessive drinking (blood alcohol concentration of 0.03% or higher) ▲ prohibition of entering educational facilities ▲ prohibition of approaching within 200 meters of the victim ▲ faithful completion of programs related to preventing sexual violence recidivism.
Earlier, the Ansan Branch of Suwon District Prosecutors' Office requested the court on October 16 to impose these special compliance conditions on Jo Doo-soon. The prosecution deemed it necessary to apply special compliance conditions separately from the electronic anklet attachment and sought the court's judgment accordingly. However, while the prosecution initially suggested a complete ban on Jo Doo-soon's alcohol consumption, the court partially accepted the request by prohibiting drinking with a blood alcohol concentration of 0.03% or higher.
Jo Doo-soon must notify the probation office in advance of the amount of alcohol consumed, drinking location, and time before drinking. The educational facilities where Jo Doo-soon's entry is prohibited include elementary and middle schools, daycare centers, orphanages, kindergartens, and other educational and childcare facilities, as well as children's parks and playgrounds.
Different Penalties for Violations
If Jo Doo-soon violates the special compliance conditions by approaching the victim or failing to faithfully complete programs related to preventing sexual violence recidivism, he will be subject to imprisonment of up to 3 years or a fine of up to 10 million KRW according to relevant laws. This is based on Article 39, Paragraph 1 of the Act on Electronic Devices Attachment, etc. The subparagraphs 3 and 4 of Article 9-2, Paragraph 1 of the same Act mentioned below refer to 'prohibition of approaching specific persons such as victims' and 'completion of specific crime treatment programs,' respectively.
Article 39 (Penalties) ① If a person wearing an electronic device or a probation subject violates the compliance requirements under Article 9-2, Paragraph 1, Subparagraph 3 or 4 without justifiable reasons, they shall be punished by imprisonment for not more than 3 years or a fine not exceeding 10 million KRW.
If Jo Doo-soon excessively drinks alcohol, goes out during late-night hours, or enters educational facilities, the penalties differ. He may face imprisonment of up to 1 year or a fine of up to 5 million KRW. Although the same law applies, the relevant provisions differ.
Article 39 (Penalties) ② If a person wearing an electronic device or a probation subject violates the compliance requirements under Article 32, Paragraph 2 or 3 of the Act on Probation, etc., without justifiable reasons after receiving a warning under Article 38 of the same Act, and again violates the compliance requirements under Article 32, Paragraph 2 or 3 of the same Act without justifiable reasons, they shall be punished by imprisonment for not more than 1 year or a fine not exceeding 5 million KRW.
The prohibitions on excessive drinking, late-night outings, and entering educational facilities imposed on Jo Doo-soon on this day are based on the Act on Probation, etc., as seen in the above provisions. Article 32, Paragraph 3, Subparagraph 1 of the Act prohibits going out during specific times such as nighttime that may provide opportunities or impulses for reoffending; Subparagraph 2 prohibits entering specific areas or places that may provide opportunities or impulses for reoffending; and Subparagraph 7 prohibits drinking alcohol beyond a certain amount.
Child sex offender Jo Doo-soon, who was released after serving his sentence, is entering his home in Ansan, Gyeonggi Province on the morning of the 12th. Photo by Song Seung-yoon kaav@
View original imageJo Doo-soon Remains Indoors After Returning Home
Jo Doo-soon was prosecuted for kidnapping and brutally sexually assaulting an elementary school student in Ansan, Gyeonggi Province, in December 2008, causing severe injuries. He was sentenced to 12 years in prison and ordered to wear a location tracking electronic device (electronic anklet) for 7 years. After completing his sentence and being released on the 12th, Jo Doo-soon has not gone outside even once since returning home.
In preparation for any possible situation, Ansan City has installed security posts around Jo Doo-soon's residence and deployed police officers and security guards. The plan is to have them stationed 24/7 as long as Jo Doo-soon remains in the area.
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Meanwhile, the homeowner of the house where Jo Doo-soon lives reportedly recently asked Jo Doo-soon's wife, "I didn't know Jo Doo-soon would be living here. Please leave." However, Jo Doo-soon's wife is said to have refused this request.
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