Wearing an Electronic Ankle Bracelet and Committing Another Child Sex Crime... Insanity Defense Rejected

Claims of Impulse Control Disorder... Submission of Reflection Letter and Medical Records
"Mental Incapacity Not Recognized"... 9-Year Prison Sentence

A man in his 30s who committed another child sex crime while wearing an electronic tracking device (electronic anklet) claimed 'diminished mental capacity,' but the court did not accept this and sentenced him to a heavy punishment.

According to a report by Yonhap News on the 25th, the Criminal Division 12 of the Gwangju District Court (Chief Judge Kim Sang-gyu) announced that it sentenced Kim Mo (33), who was indicted on charges including violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (breaking and entering with quasi-rape), to 9 years in prison. The court also ordered Kim to wear the electronic tracking device for 20 years, public disclosure of personal information for 10 years, and employment restrictions related to child-related facilities.

Kim was indicted on charges of threatening a male child under the age of 13 in an elevator of an apartment complex in Gwangju in March and committing a sex crime. He followed the victim child who was returning home, threatened him in the elevator, and then committed the crime. At the time of the incident, Kim had only been released from prison 7 months earlier after serving a sentence for a similar previous offense, and was under probation while wearing an electronic anklet to prevent recidivism. He also committed a separate theft crime and was tried together in a consolidated trial.

The photo is not related to the specific content of the article. [Image source=Yonhap News]

Kim, who has seven prior convictions including child sex crimes, submitted a psychiatric evaluation report, past medical treatment records, and psychological counseling documents during the trial, claiming "diminished mental capacity due to impulse control disorder." He also submitted 33 letters of apology over about two months and repeatedly filed requests to dismiss the electronic anklet, lift outing restrictions, and dismiss public disclosure of personal information.

However, the court did not recognize Kim's diminished mental capacity. The court stated, "Considering the criminal behavior committed against the child at the time of the defendant's crime, diminished mental capacity cannot be acknowledged," and explained the reason for the heavy sentence: "He committed a child sex crime against a child under 13 less than 7 months after completing the sentence for a child sex crime, causing serious harm."

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