In South Korean court, sergeant apologizes for his â??shameful conductâ??

[Bangkoktraveler]

2nd ID defendant charged with rape will learn verdict, any sentence Jan. 9

 

A 2nd Infantry Division soldier accused of raping and robbing a South Korean woman teared up in Seoul Central District Court last week as he apologized for his "shameful conduct."

 

"I am really sorry to everybody," said Sgt. Jonathan Kim, a Korean-American who spoke during the hearing. "Whatever punishment is imposed on me, I am willing to serve the punishment [with the hopes] that the victimâ??s trauma can be cured."

 

Kim has admitted in court that he raped the 22-year-old woman last summer in a Dongducheon alley. On that charge, he faces a three-year prison sentence.

 

But the local prosecutor, Kang Kyung-rae, argued Friday that Kim deserves another seven years in prison because he is also accused of stealing the womanâ??s cell phone to prevent her from calling for help during the attack.

 

The combination of robbery and rape charges could bring a 10-year sentence, Kimâ??s lawyer has said.

 

Kim, in past testimony, has denied stealing the phone. He said he threw the phone over his shoulder before the attack, but never meant to steal it or keep it. He said he never looked for it after throwing it.

 

Judge Lee Gwang-man had called for Fridayâ??s hearing, in part, to review the cell phoneâ??s records. The victim had testified previously that when she returned to the alley with the police after reporting the attack, she couldnâ??t find her phone. She said she canceled the account and never checked to see if anyone tried to use it.

 

On Friday, Kang said the victim had refused to cooperate with the records review. The phone was in her motherâ??s name, and her parents were unaware of the attack or the criminal case. An investigation into the records would require her motherâ??s cooperation, Kang explained.

 

Kimâ??s lawyer, Kim Jong-pyo, argued Friday that his client never meant to steal the phone. The attorney, who is not related to his client, said Kim was drunk and unhappy over his parentsâ?? divorce and his own marriage separation.

 

Kim, who joined the Army in 2004, has offered 5 million won â?? about $3,800 â?? to the victim. In South Korea, defendants in criminal cases often reach financial settlements with their alleged victims in exchange for a lighter prison sentence, though the settlements are not considered an admission of guilt.

 

The woman has refused any payment.

 

Kim also has made financial settlements with two women he allegedly assaulted in August in Seoul, his father, Kim Young-jin, told Stripes on Friday.

 

The women, both 21, withdrew their complaints against Kim, meaning he wonâ??t be tried in those cases.

 

Kimâ??s verdict and sentencing is scheduled for 10 a.m. on Jan. 9.

 

Link

[khunsanuk]

Hi,

 

So, 3 years for rape, and 7 years for robbery? Are they saying robbery is worse than rape?

 

Sanuk!

 

[chuck6660]

That's the Korean legal system. Womens rights are not a priority; however things are changing. For example in 2004 Korea updated two laws regarding Prostitution, prostitutes are now considered victims and are offered rehab versus fines/jail. In the past the prostitute would get the stiffer penalty while the "john" would walk free.

 

US military members are often better off in Korean court than being tried under the Uniformed Code of Military Justice (UCMJ). Murder convictions in Korean court garner like a 15 year sentence versus possible death or Life under the UCMJ.

[Flashermac]

Kim's behaviour is simply beyond me. It's not like you can't get laid in Korea.

 

 

[Torneyboy]

Kim also has made financial settlements with two women he allegedly assaulted in August in Seoul, his father, Kim Young-jin, told Stripes on Friday.

 

The women, both 21, withdrew their complaints against Kim, meaning he wonâ??t be tried in those cases.

 

 

He sounds like a nasty piece of work...

[drogon]

So much for Kyopos/gyopos (which I am too)...

 

Plenty of opportunities to get laid in Korea so obviously this man has a big problem (serial sex offender?).

 

What puzzles me is how a gyopo/kyopo entered the ROK army???

 

I am not allowed by law to be drafted even if I took Korean as a second nationality so how the hell did he enter the army???

[khunsanuk]

Hi,

 

I think he serves in the US army, not the Korean one.

 

Sanuk!

 

[drogon]

Not sure, trying to find other articles in the South Korean press....

 

If he is in the US army how can he be tried by a Korean court???

 

Strange but the guy should anyway be jailed (a very long time) for what he did....

[rogueyam]

If he is in the US army how can he be tried by a Korean court???

 

It depends on the Status of Forces Agreement between the United States and the host country. These vary widely. In the case of the Republic of Korea, much jurisdiction is given to the ROK:

 

ARTICLE XXII

 

Criminal Jurisdiction

 

1. Subject to the provisions of this Article,

 

(a) the military authorities of the United States shall have the right to exercise within the Republic of Korea all criminal and disciplinary jurisdiction conferred on them by the law of the United States over members of the United States armed forces or civilian component, and their dependents;

 

(the authorities of the Republic of Korea shall have jurisdiction over the members of the United States armed forces or civilian component, and their dependents, with respect to offenses committed within the territory of the Republic of Korea and punishable by the law of the Republic of Korea.

 

2. (a) The military authorities of the United States shall have the right to exercise exclusive jurisdiction over members of the United States armed forces or civilian component, and their dependents, with respect to offenses, including offenses relating to its security, punishable by the law of the United States, but not by the law of the Republic of Korea.

 

( The authorities of the Republic of Korea shall have the right to exercise exclusive jurisdiction over members of the United States armed forces or civilian component, and their dependents, with respect to offenses, including offenses relating to the security of the Republic of Korea, punishable by its law but not by the law of the United States.

 

© For the purpose of this paragraph and of paragraph 3 of this Article, a security offense against a State shall include:

 

(i) treason against the State;

 

(ii) sabotage, espionage or violation of any law relating to official secrets of that State, or secrets relating to the national defense of that State.

 

3. In cases where the right to exercise jurisdiction is concurrent, the following rules shall apply:

 

(a) The military authorities of the United States shall have the primary right to exercise jurisdiction over members of the United States armed forces or civilian component, and their dependents, in relation to:

 

(i) offenses solely against the property or security of the United States, or offenses solely against the person or property of another member of the United States armed forces or civilian component or of a dependent:

 

(ii) offenses arising out of any act or omission done in the performance of official duty.

 

(In the case of any other offense, the authorities of the Republic of Korea shall have the primary right to exercise jurisdiction.

 

Link

 

Thus if the alleged acts violated Korean law, the alleged victim was Korean, and the accused U.S. serviceman was not performing his official duty, then the Korean authorities have the primary right to exercise jurisdiction.

 

 

[Flashermac]

When I was an Army instructor, I taught two Korean-American GIs. One was a 2LT in the Officer Basic course, the other a staff sergeant in ANOC. Both had been born in Seoul and brought to the US as children by their parents. Always wondered what the Koreans thought of them.