The state of "completely lost judgment and etc." is called mentally defective person. Psychosomatic disorders include nervous breakdown, alcoholism, senility, and mental illness. In Korea, there is a law that allows perpetrators of psychosomatic disorder to be commuted. According to Article 10 of the Korean Criminal Code, :
1 The behavior of those who are not able to distinguish things or make decisions due to mental and physical disabilities is not punished
2 The behavior of a person with a weak ability in the preceding clause due to mental or physical disability will reduce their sentences.
3 The provisions of previous Paragraph 2 shall not apply to the actions of a person who foresees the occurrence of risks and causes mental or physical disorders with their own will.
If the perpetrator is alcoholic, depressed or ill, or has a disability, they are punished with a slap on the wrist for not being equal to the pain the victim suffered. By the law, countless people commit crimes and are getting away with a slap on the wrist. In the end, only the victims are dying twice. – intro.
The first reason that the law should be revised is the child rape case, 'Na Young's case'. In December 2008, a drunken man took an 8-year-old girl to a church toilet and raped her. Because of this incident, the girl has to rupture the anal and sphincter muscles, to cut the genital, large intestine, and small intestine, and to live on a bowel line all her life. The life of a girl was ruined, but the perpetrator was sentenced to 12 years in prison for not committing the crime on purpose, and he leaves in 2020. This case is still considered to be the biggest reason for the revision of Article 10 of the Criminal Code, and this case led to a new law that does not constitute Article 10 for child sexual assault.
-Article 19 of the Criminal Act: Article 10 -1, 2 and 11 of the 「Criminal Act」 may not apply when a person commits sexual violence crimes against children or adolescents in the state of mental or physical disorders caused by drinking or drugs.
Recently, there has been a growing public call for the law to be abolished. Due to a recent incident, October 14, 2018, one innocent part-timer died in a PC room in Gangseo-gu, Seoul. The guest asked part-timer to clean his seat,...