Chief Judge Park Joo-young, Criminal Division 1, Eastern Branch, Busan District Court
A judge in Busan gave consolation, cash, and books to a homeless defendant in his 50s who was arrested on charges of special threats and handed over to trial immediately after sentencing.
Judge Lee, who is in his mid-50s, said, “When ‘socially unknown people’ who were completely isolated and lived faithfully without causing trouble to others, appear in court due to an accidental incident, they should be given social attention and consideration as well as punishment. “I do it,” he said.
According to the legal community in the Busan area on the 25th, Chief Judge Park Joo-young, Criminal Division 1, Eastern Branch of the Busan District Court sentenced Mr. did. Immediately after sentencing this case, Chief Judge Park handed over a book, urging the person to “go out and take care of the situation, and be sure to visit your mother’s home.”
The book was the novel ‘Life’ by Chinese author ‘Yu Hua’. This book is a novel depicting the turbulent life of ‘Fugui’, a commoner who survived China’s turbulent times such as the Chinese Civil War and the Cultural Revolution. Director Zhang Yimou made it into a film and won the Grand Jury Prize and Best Actor Award at the 1994 Cannes Film Festival. Between the books was an envelope containing 100,000 won in cash.
Chief Judge Park said, “Mr. A, who lives on the street, sometimes visits the library to read books and likes novels, so I gave him a book as a gift. He left his hometown in his early 30s and lives disconnected from his family and the world, so I gave him a book.” “I wanted people to feel the meaning of and the importance of family through a book,” he said. He then said, “I didn’t think I had anywhere to go right now and no money, so I put the money in the book.”
Mr. A was arrested and indicted on charges of threatening Mr. B by taking out a knife kept in a cart when he got into an argument with Mr. B, a homeless fellow, in front of a convenience store in Suyeong-gu, Busan, at around 1 am on September 28th while drinking.
In his ruling, Chief Judge Park said, “Although the circumstances of being drunk and threatening Mr. B with a knife are quite dangerous, Mr. A admits to the crime, has no criminal history, the victim does not want to be punished, and other records. “We decided on a comprehensive sentence,” he said.
Chief Judge Park said that usually when a defendant is arrested, family members or acquaintances submit a petition to the court, but since Mr. A did not receive such a petition, he conducted a pre-sentence investigation into Mr. A’s life history. According to this investigation, Mr. A, from Gyeongnam, came to Busan in his early 30s after the death of his parents, and has been traveling throughout Busan for 27 years, collecting waste paper and scrap metal, or living homeless. He did not have a cell phone, and his resident registration and family register had been canceled. There was not even one family member in contact.
Chief Judge Park relayed the probation subject’s compliance requirements to Mr. A. These observances include residing in one’s residence and engaging in a job, abandoning bad habits that easily lead to crime, doing good deeds, and not associating or associating with people who may commit crimes.
The intention to place ‘residing at the residence and engaging in a job’ at the forefront of probation requirements was to allow Mr. A to enter the social system by utilizing his resident registration. Additionally, as a special precaution, it was ordered not to drink more than a certain amount of alcohol.
Chief Judge Park said, “The moment these people, who are completely outside the mainstream frame of society and have no presence, are caught in the public eye through an accidental incident called a crime and appear in court, social interest and consideration are conveyed along with the punishment. “I thought it was important,” he said.
2023-12-25 08:15:00
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