Reconsideration of Kim Geun-sik's Chemical Castration Status... What Are the Criteria for Chemical Castration?

Appellate Court Decides Ex Officio to Question Medical Expert Witness
Chemical Castration Targeted for Sex Offenders Aged 19 and Over with Risk of Recidivism

The appellate court decided to reconsider the order for chemical castration (treatment with medication to suppress sexual impulses) for Kim Geun-sik (55), who sexually assaulted 12 minors in the Seoul metropolitan area in 2000.

The Criminal Division 3-2 of the Suwon High Court (Presiding Judges Kim Dong-gyu, Heo Yang-yoon, Won Ik-seon) on the 21st, during the first appellate trial of Kim Geun-sik, who is charged with violating the Act on the Punishment of Sexual Crimes and Protection of Victims (rape of minors under 13), ordered ex officio the examination of a psychiatrist specializing in paraphilia who had evaluated him.

The court stated, "We cannot make a sentencing decision based solely on the materials submitted by the evaluator who assessed Kim Geun-sik," and added, "We will summon the evaluator as a witness to hear comprehensive opinions regarding the defendant's risk of reoffending."

Serial child rapist Kim Geun-sik.

Seventeen years ago, on September 18, 2006, near an elementary school in Gyeonggi Province, Kim Geun-sik was sentenced to three years in prison in the first trial for forcibly molesting a child victim A, who was under 13 years old at the time, by beating her and threatening to kill her with a weapon, as well as for assaulting a correctional officer (obstruction of official duties) and repeatedly assaulting fellow inmates (habitual assault) while incarcerated at Haenam Prison.

He was scheduled to be released on October 16 last year, but was re-arrested after being identified as the perpetrator of this case, which had been classified as an unsolved case for 16 years. Kim Geun-sik was previously serving a 15-year sentence for sexually assaulting 11 minors in the Seoul metropolitan area between May and September 2006.

However, the first trial court dismissed the prosecution's request for medication to suppress sexual impulses. The court took into account that Kim Geun-sik had been imprisoned for 15 years and that there was a risk of permanent disability after medication, concluding that the evidence submitted by the prosecution was insufficient to fully recognize the likelihood of reoffending.

The prosecution appealed the first trial ruling. The prosecution stated, "The sexual crimes committed by the defendant are highly illegal acts that destroy the victim's personality, and considering that the young victims have suffered lifelong irreparable wounds, the blameworthiness is very high."

They continued, "Despite the nature and frequency of the crimes and the opinions of the psychiatrist specializing in paraphilia, the request for medication to suppress sexual impulses was dismissed," and added, "We appealed to seek a punishment commensurate with the crime and an order for medication treatment to suppress sexual impulses."

Chemical castration is a system where medication is administered to sex offenders aged 19 or older who have paraphilia and pose a risk of reoffending. Chemical castration mainly involves administering drugs that inhibit testosterone secretion, which causes sexual impulses, or female hormones such as estradiol. Upon the prosecutor's request, after diagnosis and evaluation by a psychiatrist, the court issues a treatment order.

However, since sexual desire recovers when medication is discontinued, the court may issue a treatment order for a period of up to 15 years if it recognizes the request for treatment as reasonable.

Meanwhile, Kim Geun-sik admits to charges of forcible molestation but partially denies the charges of obstruction of official duties and habitual assault, claiming some facts are inaccurate. It is known that he submitted a handwritten petition expressing his grievances.

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