Judge, jury not always on same page

For the first time since the people`s participatory trial system was introduced last January, the court`s verdict disagreed with that of the jury.

The Gwangju District Court handed down a suspended jail term of three years to a mother who, out of postpartum depression, suffocated her baby to death, said court officials yesterday.

The 37-year-old mother surnamed Kim smothered her 5-month-old boy to death with a blanket on June 23. Kim, since giving birth in January, was treated for depression in hospital.

The nine members of the jury unanimously ruled the distressed mother not guilty of infanticide, citing her unstable mental status and post-natal circumstances.

The court, however, decided that her actions were subject to the rule of law, though it did suspend the sentence.

"It seems that most of the jurors were more moved by the pity for the mother than legal judgment, reflecting the paternalism that may so often be seen in Korean society," said a Seoul Central District Court judge who asked to remain anonymous.



She, however, added that though the court should filter such emotional responses of the jury when handing down its ruling, it should nevertheless not ignore the meanings implied in them.

"As a judge, I think that the Korean people are excessively affected by their emotions and this is a big obstacle in legal affairs," she said. "Is this not, however, one of the major purposes of the jury system - for the court to listen to what ordinary people think and feel about a case?"

The public, upon recently learning of the crimes of Cho Doo-soon, who raped and permanently disabled an 8-year-old girl last year, did not only blame the unrepentant felon, but also the court and the prosecution for their leniency.

Cho, having claimed his drunken status, was handed down a relatively light 12-year jail term.

"I understand that our criminal law itself is also at fault, but still cannot tolerate the prosecutors for not trying further to punish Cho and the judges for handing down such light punishment on the criminal," said Kim Sook-young, 34, company worker and mother.

Following the shocking rape case, the government, together with the court and lawmakers, hastened to reinforce punishment for sexual offenders but failed to escape blame for their belated actions.

"The jury may only have advisory power and sometimes judge emotionally, but at least, will give the court certain feedback as to what the general people feel about a case," said the Seoul Central District Court judge.

The present people`s participatory trial system will be maintained until 2012, after which the Supreme Court may consider empowering the jury with the authority to hand down a legally binding verdict, according to a Supreme Court official.

(tellme@heraldm.com)



By Bae Hyun-jung