In a move that is expected to provide a momentum for...
In a move that is expected to provide a momentum for the anti-capital punishment movement, the Supreme Court overturned a lower court's death sentence for a convicted murderer
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In a move that is expected to provide a momentum for the anti-capital punishment movement, the Supreme Court overturned a lower court's death sentence for a convicted murderer.
The highest court sent back the felony case, involving an army officer, to a military court, stating that, "Given the characteristics of the death penalty as a way of punishment, the original sentence is considered excessive.".
The 26-year-old was charged in 2001 with murdering a teenage girl after escaping from prison, while serving a 15-year-jail term for raping nine women, including minors, over 18 months since late 1999.
"Considering his age, family environment and career, it is possible for the accused to be rehabilitated," said the court in the ruling.
"He lived a normal life. It appears that he committed the crimes because he suffered from sexual delusions as a result of his addiction to obscene Internet sites," it explained.
Legal observers said that the judgment reflected the current trend of refraining from the ultimate punishment.
They also expected the decision to fuel the already-heated debate over the death penalty.
While religious circles are spearheading the anti-death penalty campaign, the Justice Ministry still considers abolishment as premature.
In 1996, the Constitutional Court ruled that the existing death penalty is constitutional, saying it is a potential deterrent for crimes, and the right to life of some persons could be restricted for the safety of other innocent people.
A total of 902 people have been executed in Korea since the founding of the country in 1948.But there have been no executions since President Kim Dae-jung, who was once on death row himself, took office in 1998.
The highest court sent back the felony case, involving an army officer, to a military court, stating that, "Given the characteristics of the death penalty as a way of punishment, the original sentence is considered excessive.".
The 26-year-old was charged in 2001 with murdering a teenage girl after escaping from prison, while serving a 15-year-jail term for raping nine women, including minors, over 18 months since late 1999.
"Considering his age, family environment and career, it is possible for the accused to be rehabilitated," said the court in the ruling.
"He lived a normal life. It appears that he committed the crimes because he suffered from sexual delusions as a result of his addiction to obscene Internet sites," it explained.
Legal observers said that the judgment reflected the current trend of refraining from the ultimate punishment.
They also expected the decision to fuel the already-heated debate over the death penalty.
While religious circles are spearheading the anti-death penalty campaign, the Justice Ministry still considers abolishment as premature.
In 1996, the Constitutional Court ruled that the existing death penalty is constitutional, saying it is a potential deterrent for crimes, and the right to life of some persons could be restricted for the safety of other innocent people.
A total of 902 people have been executed in Korea since the founding of the country in 1948.But there have been no executions since President Kim Dae-jung, who was once on death row himself, took office in 1998.
— SOURCES
- (Sources: The Korea Times, 25/02/2002)
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