"Drunk" Defense Under Scrutiny

FINALLY!

The Korean Supreme Court is hosting a seminar next week to discuss changing the policy of giving commutation when a criminal uses: "I was drunk," as a defense.

The reaction comes after 57-year-old Korean man raped an 8-year-old Korean girl, leaving her with permanent disabilities.

From The Korea Herald story:

'Alcohol is generously accepted as a necessary evil. In Korea, it is also a reason for lighter punishment for some crimes, especially sexual violence. A gruesome case of child rape has recently prompted Koreans to wonder whether such long-standing leniency should stay. The nation was shocked after it was learned last month that a 57-year-old man raped an 8-year-old child, leaving her disabled and having to rely on a colostomy bag due to her missing organs.

The repeat sexual offender, Cho Doo-soon, was given a sentence commutation for temporary mental disorder caused by drunkenness.

Clause 10 of the present criminal law states that those who lack legal capacity due to mental disorder are to be given a commuted sentence and is largely applied to sexual violence cases committed while intoxicated.'

Not only is this a problem in and of itself, but it leads to more criminals using the defense as a tactic for a lighter punishment.

Again, from the story:

'Among the sexual violence cases which the Seoul Central District Court ruled as guilty last year, all but one cited the aggressor's drunkenness as a reason for commutation, according to the Korean Sexual Violence Relief Center.

Also, 48.7 percent of the intoxicated sexual abusers were given suspended sentences in the lower court ruling, according to a Supreme Court document recently submitted to Rep. Woo Yoon-keun of the main opposition Democratic Party. The heaviest drinkers were generally given large commutations, showed the data.'

Finally, someone in The Health Ministry wised up and realized they should be giving heavier sentences to people who say the were hammered when they ruined someone else's life.

This decision has been a long time in coming. Let's hope the Supreme Court actually moves ahead and changes the future of the "drunk" defense.

Check out the whole story here.