Korea Herald Feb. 20, 2007
Court rules against ‘Lolita’ defense in pedophilia case
The Supreme Court ruled yesterday that a mental illness involving sexual obsession with children cannot be an excuse for lessened punishment for sexual violence against children.
The top court returned a molestation case to an appellant court for a retrial. The appellant court had reduced a life sentence imprisonment penalty to 15 years after recognizing the offender had so-called Lolita syndrome, or sexual attraction to prepubescent children.
The 39-year-old defendant, identified as Lee, was accused of raping 12 elementary school girls and stealing their money and other articles between February 2005 and January of last year.
A lower court handed down a life imprisonment to Lee, but a High Court excused him for having the syndrome, more commonly known as pedophilia.
“But a disease itself is not a mental and physical disorder that could be an excuse to lessen the penalty,” Justice Ahn Dai-hee of the Supreme Court ruled.
“Plus, Lee has refused to receive treatments after being diagnosed as having pedophilia, which could explain that he was not in a severe stage, and that it did not weaken his mentality (to go ahead with his sexual abuses),” he said.
By Annie I. Bang
- Bail Granted in Korea for Alleged Violations of Korean Banking Laws
- Korean Supreme Court Rules Contingency Fees for Criminal Cases Illegal
- Definition of Rape in Korea Elaborated on by the Korean Supreme Court: Criminal Law Basics
- Constitutional Court Upholds Cellphone Ban While Driving
- Sentences Lower for the Wealthier in Korea – According to Recent Study
- The Law of Self-Defense in Korea: Criminal Law Basics in Korea
- Safety Measures in Korean School Buses in Korea via the Amended Road Traffic Act of Korea
- English-Speaking Criminal Defense Lawyers in Korea: Defense Lawyers to Hire and Not to Hire?
- Belgian Ambassador’s Wife on Assault Charge: Hiring a Proactive Defense Lawyer in Korea
- Korean Government Official Prosecuted in U.S. for Violation of Korean Law? Application of Korean Law in U.S. Courts