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In the process of resisting sexual harassment, the police determined that a woman who had been amputated by biting a man’s tongue was not subject to punishment.
“Defense against excess immunity” … Song-chi of a college student’s harassment opinion
The man whose tongue was amputated was handed over to the prosecution for rape
The Busan Southern Police Department announced on the 3rd that it had sent a college student A, accused of cutting out a man’s tongue (serious injury), to the prosecution with an opinion of non-prosecution. Mr. B, a man in his thirties who had his tongue cut out, was charged with confinement and rape, and handed over to the prosecution as an opinion of the prosecution. In the course of the police investigation, Mr. A insisted on “self-defense against a man attempting to be forcibly harassed” and Mr. B confronted him with “serious injuries due to excessive defense”.
As a result of hearing the opinions of external experts, such as lawyers, on whether the act of cutting the tongue could be considered as self-defense, the police decided not to punish by applying article 21, paragraph 3 of the Penal Code, although it corresponds to an excessive defense. The provisions stipulate that even if the defensive act exceeds the grade, punishment will not be imposed if the act occurs at night or occurs out of fear, surprise, excitement or embarrassment in a psychologically unstable state.
This incident occurred on July 18. At that time, a college student who visited Busan in a touring car was drunk and couldn’t find a place to stay and was sleeping on the side of an alley in Seomyeon. At that time, Mr. B came over and spoke for about 10 minutes, and after a while, he picked up Mr. A in the vehicle.
Then, Mr. B began to lead Mr. A onto the Hwangnyeongsan Mountain Trail in Nam-gu, Busan, in the opposite direction from the accommodation. Mr. A bit Mr. B’s tongue around 9:25 am on the 19th, shortly after stopping the car on the Hwangnyeongsan Mountain Trail, and the tip of his tongue was amputated about 3 cm.
Consequently, Mr. B immediately took Mr. A to a nearby district and sued him for serious injuries. On August 6, Mr. A sued Mr. B for rape. A police officer said: “We analyzed the video of the vehicle’s black box and the movement of the closed circuit television (CCTV) due to the contradictory statements.” He said: “They were sent to the prosecution on rape charges.
Busan = Reporter Eunji Lee [email protected]
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