Retrial of child rapist impossible: Cheong Wa Dae

By Jun Ji-hye

Cheong Wa Dae dismissed the possibility of requesting a retrial of a child rapist to extend his 12-year jail sentence to life imprisonment, Wednesday.

Cho Kuk, the senior presidential secretary for civil affairs, made the comment in response to a petition signed by more than 610,000 citizens, who demanded Cho Du-sun not be released from prison even after his sentence ends in December of 2020.

In 2008, Cho kidnapped and brutally raped an 8-year-old little girl during which he damaged about 80 percent of the young victim’s colon.

The citizens raised concerns that he could commit similar crimes after being released from prison.

But the presidential secretary said a retrial of a convicted criminal is only possible when new evidence is brought to light by the defense.

“Requesting a retrial to increase the punishment of a convict is impossible,” he said. “A retrial can be requested in cases such as when clear evidence to prove the innocence of a person, who was previously found guilty, is belatedly discovered.”

The secretary noted that Cho Du-sun will have to wear an electronic monitoring anklet for seven years and will be placed on probation by the Ministry of Justice even after being released from prison.

“This won’t be sufficient, of course,” he said, adding that additional measures such as curfews and approach prohibitions can be placed on Cho.

The top secretary also responded to a separate petition asking to intensify the punishment for crimes committed under the influence of alcohol.

Those who signed this petition expressed their anger that Cho Du-sun was punished less severely as a court at the time acknowledged that he committed the crime while under the influence of alcohol.

The secretary said the issue should be discussed carefully as it could lead to unnecessarily harsh punishments for all alcohol-related crimes.

He noted that after the Cho Du-sun case, laws on sexually violent crimes have been strengthened and leniency is no longer allowed for those committing sex crimes under the influence of alcohol.

Mentioning a revision to the criminal code, which has been recently submitted by ruling Democratic Party of Korea lawmakers, the secretary said relevant discussions will follow at the National Assembly.