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  • confusedsafferinkorea
  • Waygook Lord

    • 5822

    • October 08, 2010, 01:02:32 pm
    • Zhubei, Hsinchu County, Taiwan (not part of China)
    more
Yay, for Korea's legal system.
« on: January 01, 2022, 05:42:10 am »
Appalling and DMart to the defense of the legal system in ......3,2,1.

I mean, after all it was only his 3rd DUI conviction, you can't expect the Korean courts to really punish a dude for only 3 convictions, come on, be reasonable.    >:( >:(


https://www.taipeitimes.com/News/front/archives/2022/01/01/2003770519[/b][/i]

Court axes ruling in Elaine Tseng case

’UNCONSTITUTIONAL’ The father of the Taiwanese student killed by a drunk driver in Seoul in 2020 said that his family is heartbroken to hear of the Supreme Court verdict

By Jake Chung / Staff writer, with CNA

 

The South Korean Supreme Court on Thursday remanded a case involving the death of Taiwanese student Elaine Tseng (曾以琳) to a lower appellate court, saying that the heavy sentence contravened the South Korean constitution.

Tseng, 28, was on her way home from a professor’s residence in Seoul on Nov. 6, 2020, when she was run over and killed by a 52-year-old surnamed Kim, who ran a red light at a pedestrian crossing.

It was Kim’s third driving under the influence (DUI) offense, after two incidents in 2012 and 2017.

A lower court in April last year sentenced Kim to eight years in prison, referring in its verdict to the death of a 22-year-old in a DUI incident in 2018 that led to a legislative amendment that allows punishments of up to life in prison in such cases. The ruling was upheld in August.

However, the South Korean Constitutional Court in November ruled that the amendment was unconstitutional.

The Supreme Court on Thursday referred to that decision.

Elaine Tseng’s father, Tseng Kin-fui (曾慶暉), yesterday expressed his “utter disappointment” in the South Korean judiciary.

“We were heartbroken to hear of the Supreme Court ruling,” he said, adding that he could not understand why it would rule that a driver who has committed multiple DUI offenses receiving a heavy sentence is not covered by the country’s constitution.

Tseng Kin-fui called into question whether Kim, who had repeatedly apologized during court hearings, was sincere in his regret, saying that Kim appealed the initial ruling one day after the court found him guilty.

His family is hiring lawyers and would continue to appeal the decision, Tseng Kin-fui said.

After Elaine Tseng’s death, her friends initiated a petition on a portal of the Blue House’s Web site calling for harsher penalties for DUIs, Tseng Kin-fui said, urging Taiwanese and South Koreans to mail petition letters to the Blue House and the courts involved to draw attention to the issue.

There is no known medical cure for stupidity!


  • Savant
  • The Legend

    • 2911

    • April 07, 2012, 11:35:31 pm
Re: Yay, for Korea's legal system.
« Reply #1 on: January 01, 2022, 05:53:28 am »
He’ll also be sorry for killing the next person by his drunk driving.


Re: Yay, for Korea's legal system.
« Reply #2 on: January 01, 2022, 07:55:09 am »
The court probably let him off easy this time because he hit a foreigner... it was seen as unconstitutional to punish a Korean citizen for taking life less worthy than his oh-so-mighty Korean one!
If he hit and killed a rich Korean person/ politician or entertainer .... he'd probably get the lengthy sentence in no time.


  • gogators!
  • Waygook Lord

    • 5401

    • March 16, 2016, 04:35:48 pm
    • Seoul
Re: Yay, for Korea's legal system.
« Reply #3 on: January 01, 2022, 11:41:16 pm »
The truck driver in the US who killed four people in a big crash was originally sentenced to 110 years which was reduced to 10 years. He wasn't drunk and although he caused the accident there were mitigating factors.

I can't see how 8 years could be considered a "heavy" sentence in the Korean case.


  • confusedsafferinkorea
  • Waygook Lord

    • 5822

    • October 08, 2010, 01:02:32 pm
    • Zhubei, Hsinchu County, Taiwan (not part of China)
    more
Re: Yay, for Korea's legal system.
« Reply #4 on: January 02, 2022, 02:41:07 pm »
I can't see how 8 years could be considered a "heavy" sentence in the Korean case.

It's probably because he was drunk, that, in Korea is a mitigating factor instead of an aggravating factor it seems.  I have heard that in the past that pleading the fact that you were drunk, got you off the hook. I REALLY hope this has changed now.

I guess the comment about him killing a foreigner and not a Korean is also a factor, sadly.
There is no known medical cure for stupidity!


  • gogators!
  • Waygook Lord

    • 5401

    • March 16, 2016, 04:35:48 pm
    • Seoul
Re: Yay, for Korea's legal system.
« Reply #5 on: January 02, 2022, 10:25:22 pm »
I can't see how 8 years could be considered a "heavy" sentence in the Korean case.

It's probably because he was drunk, that, in Korea is a mitigating factor instead of an aggravating factor it seems.  I have heard that in the past that pleading the fact that you were drunk, got you off the hook. I REALLY hope this has changed now.

I guess the comment about him killing a foreigner and not a Korean is also a factor, sadly.
My comment was from a non-Korean perspective. But you're right concerning the Korean attitude toward drunkenness. There used to be a show where they filmed cops stopping drunk drivers. Amazing how many resisted or even ran. And often all the cops wanted them to do was to call their wife to come and pick them up.


  • hangook77
  • The Legend

    • 4847

    • September 14, 2017, 09:10:12 am
    • Near Busan
Re: Yay, for Korea's legal system.
« Reply #6 on: January 03, 2022, 07:37:34 am »
Most "modern democracies" have lenient punishments for crime.  The UN and other globalists tell them what to do.  Amongst the developed countries, only the US punishes crime because their Constitution allows it.  The globalists hate it of course. 


  • JNM
  • Waygook Lord

    • 5010

    • January 19, 2015, 10:16:48 am
    • Cairo, Egypt (formerly Seoul)
Re: Yay, for Korea's legal system.
« Reply #7 on: January 03, 2022, 08:47:18 am »
Globalists hate slavery, which is the basis for US style “punishment”.


Re: Yay, for Korea's legal system.
« Reply #8 on: January 03, 2022, 11:43:00 am »
The court probably let him off easy this time because he hit a foreigner... it was seen as unconstitutional to punish a Korean citizen for taking life less worthy than his oh-so-mighty Korean one!
If he hit and killed a rich Korean person/ politician or entertainer .... he'd probably get the lengthy sentence in no time.
Sigh.

If you look at sentences handed out in Korean on Korean crimes, this is standard fare.

I know your mindset of "Koreans hate foreigners and every action in Korea can be viewed through that frame" but did you ever stop to consider in part why Korea has lenient sentencing and policing? Maybe something to do with the years 1905-1988?

The answer to ignorance and bigotry isn't more ignorance and bigotry.


  • hangook77
  • The Legend

    • 4847

    • September 14, 2017, 09:10:12 am
    • Near Busan
Re: Yay, for Korea's legal system.
« Reply #9 on: January 03, 2022, 11:44:35 am »
Globalists hate slavery, which is the basis for US style “punishment”.

Globalists love a terrified and controlled population.  Lots of crime, catch and release.  Plus no right to self defence written into laws and restrictions on gun ownership.  Someday the government will then have to take over to "protect the people".  Anyways, screw the victims.  They don't deserve justice anyways.  The punishment truly does not fit the crime.  Jakcass will be back on the street in 2 or 3 years now.  When will the girl be on the street?  Oh right.  Never.  She's dead by no accident.  She will never be on any street ever again. 


  • hangook77
  • The Legend

    • 4847

    • September 14, 2017, 09:10:12 am
    • Near Busan
Re: Yay, for Korea's legal system.
« Reply #10 on: January 03, 2022, 11:46:07 am »
Sigh.

If you look at sentences handed out in Korean on Korean crimes, this is standard fare.

I know your mindset of "Koreans hate foreigners and every action in Korea can be viewed through that frame" but did you ever stop to consider in part why Korea has lenient sentencing and policing? Maybe something to do with the years 1905-1988?

The answer to ignorance and bigotry isn't more ignorance and bigotry.

Canada, the UK, and many other countries too.  No coincidence.  They are all reading from the same songbook.  Weak consitutions that protect criminals but still allow governments to restrict your rights on many other things.  The Americans got it right when they wrote their Constitution. 


  • hangook77
  • The Legend

    • 4847

    • September 14, 2017, 09:10:12 am
    • Near Busan
Re: Yay, for Korea's legal system.
« Reply #11 on: January 03, 2022, 12:01:06 pm »
But don't forget who imposed the current Constitution on Korea.  It was the military dictatorship before they handed over their keys to democracy.  That should tell you all you need to know and why many rights are restricted.  Free speech, libel laws, prosecution service goes after you if you criticize a President, no campaigning allowed until 2 weeks before the election date (shut up free speech not allowed).  Criminals get a slap on the wrist.  This area similar to Canada.  Years ago the government there tried to pass tough laws on human trafficking and they had to give soft low sentences lest the toughter penalities be challenged in court due to a kangaroo Constitution.  We call it the Charter of Criminal Rights and Criminal Freedoms.  When a trafficker gets one or two years in jail then can get out and go after the victim and their family, it kind of forces them to not come forward and to keep being enslaved.  Give the power to the criminal.  In the US in recent years, some of these scumbags will go away for 30 plus years meaning the women can actually break free and not fear for retaliation after for them or their family.  The US has a more compassionate policy while Canada's is cold and heartless.  But this is the modern way many modern democracies go due to the UN and other outside forces and pressures.