Webtoon artist Joo Ho-min and his wife have been accused of abusing their son with developmental disabilities, and special education teacher A has been sentenced to 10 months in prison in the appeals trial.
On the 21st, the 6th Criminal Appeals Division of the Suwon District Court (Judge Shin Woo-jung) held a decision hearing regarding the appeal of special education teacher A on charges of violating the Special Act on the Punishment of Child Abuse Crimes and the Welfare of Persons with Disabilities.
The prosecution requested a sentence of 10 months in prison and a 3-year employment restriction for A, the same as the original sentence. They stated, “This case is particularly serious as the defendant, who is obligated to report child abuse, has emotionally abused the child instead. The defendant denies the crime and shows no remorse,” adding, “There has been no effort to restore the victim, and the defendant has not received forgiveness from the victim's family.”
Additionally, regarding the first trial's failure to recognize the intent to abuse in some statements, they argued, “Children with autism have a low auditory threshold and are sensitive to sound stimuli. Speaking in an irritated loud voice in front of them acts as a stress factor,” and claimed, “The defendant is a special education teacher with a high level of understanding and expertise in this area. There is at least a negligent intent to abuse.”
In his final statement, A said, “One day, the shocking and unbelievable term ‘defendant of child abuse’ pointed at me and I was ridiculed. Looking back on my 20 years in education, I think I was not a perfect teacher, but I was not a shameful one. No matter how many times I think about it, I am not a child abuser.”
A's lawyer argued, “The only evidence, the recording file, is not admissible, and considering the specific circumstances of the recording, it cannot be seen as a legitimate act, nor can the defendant's actions be viewed as abuse,” requesting, “Please overturn the original ruling and declare the defendant not guilty.” The second trial's verdict is set for February 18.
A was charged with emotionally abusing Joo Ho-min's son (then 9 years old), B, by saying, “You have very bad habits. Ugh, I hate it. I really hate you. I dislike you. I really dislike you,” in a customized learning class at an elementary school in Yongin, Gyeonggi Province on September 13, 2022.
At that time, B had exhibited unexpected behavior by pulling down his pants in front of a female classmate and was separated from other students. During this process, Joo Ho-min and his wife secretly placed a recording device in B's bag and sent it to school, recording the conversation between A and B without consent. Based on this, the couple reported A.
In the original trial, the admissibility of the recordings sent by Joo Ho-min's side to the child became a point of contention. The first trial ruled that the problematic recordings were illegally obtained as they recorded conversations between others that were not disclosed, but considering the exceptional nature of the case, they recognized the admissibility of the evidence and found A guilty of emotional abuse, suspending a fine of 2 million won.
[Kim So-yeon, Star Today Reporter]
