Violent Criminals Appealing to Emotions in 국민참여재판 (Citizen Participation Trials)

Sangam-dong and Gimje Cousin Sister-in-Law Murderer
"I Want to Be Judged by a Jury"
Intent to Reduce Sentence and Delay Trial
Defense Attorney: "Not Favorable for Sentencing"
Experts Also Say "No Significant Impact"

On the 10th, Jang Mo (55, left), who is accused of murdering an executive of a construction company in Sangam-dong, requested a jury trial. The trial of Kang Yoon-sung (57, right), who is accused of killing two women after damaging his electronic anklet, will also proceed as a jury trial.
/Photo by Oh Kyu-min, Yonhap News Agency

"I am not good with words, but to explain to the judge, I was mocked, deceived, and provoked by the victim. If you do not check the recorded conversation, you will not understand my feelings."

On the morning of the 10th, at a preparatory hearing for the trial of the executive of a construction company in Sangam-dong, Mapo-gu, held by the Criminal Division 12 of the Seoul Western District Court (Chief Judge Andongbeom), the defendant Jang (55) said this and expressed his desire to have a 국민참여재판 (National Participation Trial). He requested to submit the recorded conversation as evidence to prove his innocence and asked for witnesses to be accepted. According to the prosecution, on February 22, he is accused of stabbing the victim A about 26 times with a prepared weapon after being refused a settlement payment related to a building eviction lawsuit on the stairs of the victim’s office. Jang admitted to the killing in court but said, "The contents in the indictment are all wrong, and I have many grievances."

On the 27th of last month, a man in his 50s from Gimje, Jeonbuk, who is accused of killing his cousin’s wife with a weapon after she failed to repay borrowed money, also said, "I do not dispute guilt or innocence, but I want to receive the jury’s judgment regarding sentencing." His lawyer applied for a 국민참여재판. Kang Yunseong (57), who was indicted last November for killing two women after damaging his electronic ankle bracelet, also applied for a 국민참여재판, saying, "This is not about getting a reduced sentence. I am not a heinous criminal, but I am being vilified..."

The reason violent criminals apply for 국민참여재판 instead of a regular trial is not to dispute guilt but to explain the reasons that led to their crimes and try to reduce their sentences even slightly. They believe it is more effective to appeal emotionally to the jurors rather than the judge. There is also an intention to delay the trial as much as possible. According to the Supreme Court’s Judicial Administration Office’s “2008?2020 Analysis of 국민참여재판 Outcomes” released in June, 974 murder cases were filed as 국민참여재판 during the same period. Of these, 536 cases (55%) proceeded as 국민참여재판.

The lawyers representing them have different views. They sometimes discourage 국민참여재판, saying it is never advantageous in sentencing. Jang’s lawyer said while leaving the courtroom, "I repeatedly told him it would be disadvantageous if the trial proceeded as 국민참여재판, but the defendant seems very aggrieved about the money issue."

Another reason lawyers avoid 국민참여재판 is that it requires more time, cost, and effort compared to regular trials. Since up to nine jurors participate, evidence investigation to sentencing is conducted within a day. Trial time is longer, and various materials must be prepared to persuade the jurors.

Professor Lee Seungjun of Chungbuk National University Law School said, "If the brutality and methods of the crime are shown on video, jurors may strongly demand harsher punishment in their sentencing opinions. Statistically, emotional appeals by defendants do not significantly affect sentencing."

Lawyer Ha Jinkyu (Founders Law Office) said, "Sometimes defendants apply for 국민참여재판 because they distrust that the court will treat them harshly. They want to appeal to people’s hearts, but judges will not take that into account."

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