
School killer submits 27 'letters of remorse' while in custody
Suspected murderer of 7-year-old admits charges, requests assessment for her mental health in 1st court hearing
Myeong Jae-wan, the former elementary school teacher accused of murdering a 7-year-old student at her school on Feb. 10, has sent multiple letters of remorse and apology to the legal authorities ahead of her first court hearing Monday.
It was reported that, as of Friday, the 48-year-old sent 27 letters to the court since hiring a lawyer on April 11. She also submitted a professional psychiatric evaluation of herself, leading to speculation that she would try claim diminished responsibility for the crime.
In the hearing Monday morning at the Daejeon District Court, Myeong's lawyer requested a psychiatric evaluation of his client to the court, saying there was a need to determine how much her mental state had been a factor in the crime. She has admitted to all charges.
Article 10 of the Criminal Act absolves the legal liability of those who are unable to control their actions due to mental illness. It has been found that the defendant had been treated for depression since up to eight years before the murder, and had taken six months' leave for mental health reasons on Dec. 9, but returned to work early on Dec. 30.
Police investigators have categorized Myeong's crime as being of "abnormal motive" defined as an offense without clear or conventional motives.
But prosecutors do not believe that her crime is directly related to her mental state or her medical history.
Myeong had searched online for information related to murder before commiting the crime and hid the murder weapon beforehand, leading to the prosecution believing that it was a premediated attack.
The victim, Kim Ha-neul, was a first-grader of an elementary school in Daejeon. She was lured by the defendant and attacked inside the school, dying despite receiving medical treatment at a nearby hospital.
Can 'I'm sorry' lead to leniency?
Submitting letters of remorse to court is a strategy opted by several people facing conviction, in a bid to reduce their sentences as much as possible.
Trot singer Kim Ho-joong, whose two-year, six-month prison term for drunk driving was confirmed in May, reportedly submitted 100 letters to the appellate court in the month of February alone before the sentencing hearing.
Genuine remorse by a defendant is cited as a general sentencing factor by the Sentencing Commission under the Supreme Court, which offers non-binding guidelines to judges in Korea. According to its definition, when evaluating remorse, courts should consider how the defendant came to admit their crime, and the efforts they made to repair the damage they inflicted and to ensure they would not commit similar crimes in the future.
As such, submitting such letters itself is not a sentencing factor, but the court can give a lighter sentence based on its assessment of how remorseful the defendant is.
According to Lawyer Cheon Chan-hee's column on law service platform Law Talk, whether or not a letter of remorse actually reduces sentence is largely based on who the judge is.
"Some judges consider (letter of remorse) while sentencing, while others more consider whether or not (the defendant) had reached a settlement with the victim and compensated for the damage. How much a letter of remorse affects the sentence differs depending on the judge," he wrote.
Recent data indicates that fewer judges are deciding to mitigate sentences because of letters of apology from the defendant.
In 2022, there were 187 rulings that reduced sentences for "serious remorse" by the defendant, according to October data by the Sentencing Commission submitted to Rep. Seo Young-kyo of the Democratic Party of Korea.
That was 4.1 percent of all rulings in the year, and marked a drastic decrease from the 1,265 of such rulings in 2021 and 1,515 rulings in 2020, which were each 27.3 percent of all rulings and 31.6 percent of all rulings in the respective years.

Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles


Korea Herald
16 hours ago
- Korea Herald
Will Yoon Suk Yeol meet same bitter end as his predecessors?
With ousted President Yoon Suk Yeol's trial set to run until mid-December, he won't face a verdict until almost seven months after new president is elected on June 3. The Criminal Act stipulates that those convicted of leading an insurrection face either death penalty or life imprisonment. Experts The Korea Herald spoke to said he was likely to be found guilty and face a prison sentence. 'Yoon's martial law declaration did not cause significant injuries or deaths like ex-President Chun Doo-hwan's Gwangju massacre in 1980. I expect the court to sentence him to life imprisonment rather than the death penalty,' a former research judge at the Constitutional Court Noh Hee-bum told The Korea Herald. Lee Yun-ju, a law professor at Myongji University, expected a similar fate for Yoon. 'I think Yoon, who is a former prosecutor, knows that he cannot be acquitted in the criminal trial. He continues to politicize the trial, like how he expressed his support for conservative party's presidential candidate Kim Moon-soo. Yoon plans to wait for a potential special pardon provided by the conservative People Power Party after the conservative party (hypothetically) retains power in the June 3 election,' said Lee. Though the ousted president's future remains uncertain until the Supreme Court of Korea to hand down its final verdict, Yoon is expected to become a part of the troubled history of South Korea's former presidents. Here is a list of presidents who once stood at the pinnacle of power and saw their careers end in disgrace. In 1995, former President Chun Doo-hwan and another former President Roh Tae-woo became the first two former presidents to be arrested. Chun, who not only seized power through a 1979 coup, but also masterminded the massacre that quelled the Gwangju Democratic Uprising in 1980, were indicted on charges of insurrection, treason, bribery and corruption in 1996. Roh, who became president by beating a divided field in the democratic election that followed Chun's ouster, was tried for his role in the 1979 military coup as well. Though Seoul District Court sentenced Chun to death and handed down a prison term of 22 years and six months to Roh with its first trial verdict, the Supreme Court of Korea reduced Chun's punishment to life imprisonment and Roh's sentence by five years. The two former presidents were pardoned by former President Kim Young-sam in 1997, after serving two years in prison. Two other former presidents — Park Geun-hye and Lee Myung-bak — have seen cases go all the way to a trial verdict. Park, the first elected president to be removed from office by the Constitutional Court, was indicted on multiple charges, including bribery, abuse of power and coercion in 2017. In its 2018 ruling, the court found Park guilty of 16 out of the 18 charges and sentenced her to 24 years in prison. Park spent four years and nine months behind bars, as she was pardoned by her successor, President Moon Jae-in. Ex-President Lee was charged in April 2018 on 16 criminal counts including embezzlement and bribery. A district court found him guilty of seven counts and sentenced him to 15 years in prison in its first trial verdict in October 2018. However, Lee only spent two years and six months in prison, as he was pardoned in 2022 by former President Yoon. Former President Roh Moo-hyun died by suicide amid an investigation targeting him and his family over bribery charges in 2009.


Korea Herald
4 days ago
- Korea Herald
Death penalty for saying 'oppa'? N. Korea strengthens law to curb 'anti-socialist culture'
North Korea has strengthened its law to control foreign cultural influences by increasing the severity of criminal punishments against the spread of "anti-socialist culture," going so far as to impose the death penalty, the Ministry of Justice said Friday. According to the ministry, which recently analyzed North Korea's revised Criminal Act, North Korea expanded the scope of the death penalty to special criminal laws regarding drug crimes, reactionary ideology and culture, including from South Korea, dubbed Hallyu, or the Korean Wave. Seoul explained that North Korea's recent revision stemmed from the view that it perceives the influx of South Korean culture, like popular use of the term 'oppa,' as a possible threat to the regime. "Oppa" is a term used by South Korean women when they address not only an older male sibling, but also an older male who belongs to the same community or one's romantic partner. While North Korea restricts the usage of "oppa" to its original usage meaning older brother, a growing number of North Korean people in their 20s and 30s have started using "oppa" in the South Korean way, according to the Justice Ministry. The explanation was part of the government's comprehensive commentaries on North Korea's Criminal Act revisions in December 2023, analyzing all 329 articles of the law. While increasing the number of criminal offenses eligible for the death penalty from 11 to 16, North Korea removed articles that previously included references to national reunification to reflect the changed nature of inter-Korean relations as 'two hostile states.' Additional provisions have been introduced to strengthen the protection of national symbols by creating a new offense for damaging the national flag or emblem, according to the Justice Ministry. It claimed that the revised criminal law included articles reflecting sanctions imposed by the international community as well. 'We hope that the analysis will serve as a foundation for future research, which is aimed to effectively address the integration of South and North Korea's legal systems. The ministry will continue to make efforts to prepare for the unification of legal and institutional frameworks on the Korean Peninsula,' said the ministry. The ministry stated that it did not only make explanations to the legal elements outlined in each article of North Korean Criminal Act, but also created comparative legal studies with the criminal laws of South Korea, Russia, China and Vietnam.


Korea Herald
5 days ago
- Korea Herald
North Korea strengthens law to curb 'anti-socialist culture': Justice Ministry
North Korea has strengthened its law to control foreign cultural influences by increasing the severity of criminal punishments against the spread of "anti-socialist culture," going so far as to impose the death penalty, the Ministry of Justice said Friday. According to the ministry, which recently analyzed North Korea's revised Criminal Act, North Korea expanded the scope of the death penalty to special criminal laws regarding drug crimes, reactionary ideology and culture, including from South Korea, dubbed Hallyu, or the Korean Wave. Seoul explained that North Korea's recent revision stemmed from the view that it perceives the influx of South Korean culture, like popular use of the term 'oppa,' as a possible threat to the regime. Oppa is a term used by South Korean women when they address an older male family member, friend or romantic partner. The explanation was part of comprehensive commentaries on North Korea's Criminal Act revisions in December 2023, analyzing all 329 articles of the law. While increasing the number of criminal offenses eligible for the death penalty from 11 to 16, North Korea removed articles that previously included references to national reunification to reflect the changed nature of inter-Korean relations as 'two hostile states.' Additional provisions have been introduced to strengthen the protection of national symbols by creating a new offense for damaging the national flag or emblem, according to the Justice Ministry. It claimed that the revised criminal law included articles reflecting sanctions imposed by the international community as well. 'We hope that the analysis will serve as a foundation for future research, which is aimed to effectively address the integration of South and North Korea's legal systems. The ministry will continue to make efforts to prepare for the unification of legal and institutional frameworks on the Korean Peninsula,' said the ministry. The ministry stated that it did not only make explanations to the legal elements outlined in each article of North Korean Criminal Act, but also created comparative legal studies with the criminal laws of South Korea, Russia, China and Vietnam.