Love and Law: How a Marriage Proposal Won a Convict a Shorter Sentence

The reason why a 40-year-old man who was sentenced to prison in the first trial for causing various disturbances such as threatening employees with a weapon and damaging property in a convenience store, received a reduced sentence in the appeal trial has become a hot topic. The man who is a repeat offender with 30 prior convictions, mostly for violent crimes, has spent considerable time in prison. So how did he manage to get a reduced sentence?

On May 14th, the Jeju District Court reduced the man’s six-month prison sentence from the first trial by one month, sentencing him to five months in prison on appeal. The court stated, “Although there are no circumstances to reduce the original sentence based on the defendant’s charges, some of the charges were altered. We also took the petition submitted by his fiancée before their upcoming marriage into consideration and have decided to reduce the sentence to allow for an early marriage.”

Additionally, the court amended the indictment on its own accord due to discrepancies between the prosecution’s charges and the actions captured on the convenience store’s CCTV footage. The court explained that the man did not threaten the employee with a box cutter, but simply reached out to grab it.

Furthermore, the court explained that it was difficult to determine that the man had swung a plastic umbrella as a threat, as stated in the prosecution’s indictment. Instead, the court viewed it as him pointing the umbrella at someone. The court pointed out that pointing and swinging constitute different charges, and instructed the prosecution to carefully consider each word when drafting an indictment.

The court also advised the man to “treat his fiancée well.” The man’s fiancée is known to have actively stopped the crime by covering his mouth during the incident. The court added, “Given the man’s significant criminal record, I would have broken up with him immediately.”

After receiving the reduced sentence, the man stated in the courtroom, “I will abide by the law as a responsible member of society and treat my girlfriend and those around me well.”

Previously, the man was charged with threatening an employee who tried to stop him from arguing with his girlfriend in a convenience store in Jeju City in March, as well as damaging a refrigerator. The prosecution proposed a prison sentence to the court, considering his extensive criminal history and the fact that he committed the crime during his probation period.

There is a negative perception regarding the reduced sentence. The court’s decision to reduce the sentence in a case where the victim did not forgive the perpetrator has caused public outrage. Especially in serious crimes, the application of mitigating circumstances like diminished mental capacity often contrasts sharply with public sentiment. Criticism is being raised that the court has given excessive leniency to the man who has 30 prior convictions.

An AI that analyzed the case made a different judgment, sparking discussion. When asked, “What would be an appropriate sentence for a person with 30 prior convictions who threatened a convenience store worker with a box cutter and umbrella and damaged a refrigerator?”, the AI predicted a minimum sentence of at least 2 years in prison. Typically, the crime of special intimidation with a weapon carries a minimum sentence of 1 year to a maximum of 10 years in prison, and property damage carries a maximum of 3 years in prison or a fine. However, considering that the man has 30 prior convictions and if all charges are confirmed, the AI saw a high possibility of receiving a prison sentence of more than 2 years rather than a fine.

The AI also explained that while it is typically difficult to find reasons for leniency for a person with 30 prior convictions, there are legally recognized reasons. First, a sincere apology and remorse towards the victim. Courts may consider reducing the sentence if the defendant expresses genuine remorse and submits a letter of apology. Second, a settlement with the victim. Courts consider leniency for the defendant if the defendant and victim have reached an amicable agreement to compensate the victim or if the court has received a petition from the victim.

The AI also identified extenuating circumstances and other conditions as reasons for leniency. If the defendant committed the crime due to being in an economically difficult or socially disadvantaged situation, or if the defendant’s health is poor or he/she has a serious illness, these can be reasons for leniency.

Lastly, the AI mentioned the defendant’s efforts to prevent recidivism. If the defendant shows active efforts and will to prevent reoffending, the court can consider leniency. According to the AI, even a criminal with 30 prior convictions could receive a reduced sentence if he/she adheres to the above. However, this analysis diverges significantly from public sentiment, and the reasons for sentence reduction can vary depending on the presiding court, raising concerns.