Defendant Requests "National Participation Trial," Judge Says "Currently Impossible"

50s Accused of Raping a Minor
"Claiming a 'Romantic Relationship'" and Requesting

"Unable to Attend Jury Due to COVID-19"
Court Unable to Decide on Trial Proceeding

[Image source=Yonhap News]

[Asia Economy Reporters Seongpil Cho, Daehyun Kim] "I want a trial by jury." (Defendant), "It is currently impossible." (Judge)

On the 24th at the 5th floor of the West Building of the Seoul Central District Court, a middle-aged man stood up in the defendant's seat upon the judge's call in a courtroom gallery. He was Mr. Kim, 55 years old by Korean age. He had dark skin and thinning hair. The defendant seemed unsure where to direct his gaze. He occasionally took deep breaths with his hands clasped together.

Originally, the court had scheduled a trial date that day, but a few days prior, the defendant's side requested a trial by jury, prompting the court to hold a pre-trial conference. The pre-trial conference is a procedure before the formal trial begins, where the court listens to the prosecution and defense's evidence plans and selects necessary evidence and witnesses. A trial by jury must be requested after indictment and before the pre-trial conference. Once the pre-trial conference concludes or the first trial begins, the request cannot be withdrawn, making a trial by jury impossible.

The prosecution charged Mr. Kim with violating the Act on the Protection of Children and Juveniles Against Sexual Abuse (rape). According to the prosecution, Mr. Kim is accused of raping or sexually assaulting a then-minor female 18 times from July 2016 to January 2018. However, Mr. Kim's defense argued that the sexual relations were consensual between lovers. "They met as the head and a member at a Hapkido gym and had a romantic relationship; there was no sexual assault through coercion," claimed the defense.

Attendance at the pre-trial conference is not mandatory for the defendant. Nevertheless, Mr. Kim appeared in court, interpreted as a strategy to initiate a trial by jury and seek acquittal. A trial by jury involves laypersons as jurors to determine guilt or innocence. Introduced in 2008, it is known to have about twice the acquittal rate compared to regular trials. Especially in sexual crime cases, where securing physical evidence beyond the victim's testimony is difficult, a jury trial can be advantageous in reducing sentences.

A trial by jury requires the party's request and the court's acceptance. However, the court expressed a negative stance toward holding a jury trial that day. "You know it is difficult to have a trial by jury now, right? To conduct a jury trial, at least 100 people must be summoned to the courtroom and a juror selection process must be carried out, but this is currently impossible due to COVID-19."

Mr. Kim's side did not back down. "We believe the relationship between the defendant and the victim should be judged by a trial by jury," they insisted. The court again stated that considering the victim's age, a jury trial was inappropriate and denied the request. Still, Mr. Kim's side insisted, "The victim is now an adult, so it is not an issue."

Ultimately, the court could not reach a conclusion on whether to proceed with a trial by jury that day. "If we hold a jury trial during the COVID-19 situation, what would the public say? It is also questionable whether this case requires a jury trial." With these words, the court scheduled the next pre-trial conference for the 31st of next month. The court plans to continue discussions on whether to proceed with a trial by jury at that time.

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