Occidentalism
Duc, sequere, aut de via decede!

Drunk on soju defence still applicable?

August 18th, 2014 . by Errol

“According to a study titled Alcohol Effects On Performance Monitoring and Adjustment: Affect Modulation and Impairment of Evaluative Cognitive Control, alcohol doesn’t limit our ability to know what’s right and wrong, instead, it takes away our capacity to care.”

Livia Gamble, The Sydney Morning Herald, 17 August 2014

Although alcohol is not used a defence for sexual crimes in Australia, it is enabled in Korea as part of Clause 10 of the Criminal Law of Korea, as noted in the following article in The Korea Herald from 2010.

“Alcohol is generously accepted as a necessary evil. In Korea, it is also a reason for lighter punishment for some crimes, especially sexual violence. A gruesome case of child rape has recently prompted Koreans to wonder whether such long-standing leniency should stay.

The nation was shocked after it was learned last month that a 57-year-old man raped 8-year-old child, leaving her sexually disabled and having to rely on a colostomy bag due to her missing organs.

The repeat sexual offender, named Cho Doo-soon, was given a sentence commutation for temporary mental disorder caused by drunkenness

Clause 10 of the present criminal law states that those who lack legal capacity due to mental disorder are to be given a commuted sentence and is largely applied to sexual violence cases committed while intoxicated.”

Bae Hyun-jung. The Korea Herald, 30 March 2010

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