While the appellate trial of the so-called ‘Busan Kick’ case is underway, a YouTuber revealed the identity of the perpetrator. The controversy of ‘private sanctions’ has arisen because it is not due to due process.
According to the YouTube channel ‘Caracula Detective Agency’ on the 5th, the channel released the photo, name, date of birth, occupation, place of birth, height, blood type, physical features, and criminal record of Mr A, a defendant in the Busan back-kick case on the 2nd.
The channel said it was aware of the illegality of the act, but wanted to share the victim’s pain. “As a YouTuber, I am obviously concerned that I may have crossed the line into private sanctions,” Caracula said, “but the victim actively wants to disclose the perpetrator’s identity and is afraid of retaliatory crimes, so I decided to disclose the perpetrator’s identity to share the pain.” Victim B also said in the Caracula interview, “I kept saying that I needed메이저사이트 (the identification),” and “it’s so unfair to say that (the identification) is a ‘private sanction'”.
However, the release of a suspect’s identity must be reviewed by the police’s Identity Release Review Committee. The perpetrator of this case, who is on trial as an accused, did not go through this process during the police investigation. According to the current Special Law on the Punishment of Certain Violent Crimes, when there is sufficient evidence to believe that a suspect of a certain violent crime whose means of commission are brutal and have caused significant damage has committed the crime, his or her face and other identifying information can be disclosed through the Identity Disclosure Committee.
“At first, I petitioned the police, but they told me that (Mr A) was already a defendant and that the police did not have the authority to release the information,” said Mr B. “I also petitioned the prosecutor’s office, but they said no because the second trial was ongoing.” “I’m not asking for (the disclosure) so that (the perpetrator) can be more embarrassed or punished a little bit more,” he said, adding, “My biggest concern is that I don’t want other people to suffer. Ms B will apply to the court for an order to disclose her attacker’s identity before his second sentencing on 12 December.
The release of the information has sparked controversy online. Most of the comments on the video on YouTube said, “Thank you for having the courage to come forward and risk punishment” and “I applaud you”. However, there were also dissenting opinions, such as “(YouTubers) are not judges” and “Private sanctions are appropriate.” YouTube also reportedly took action. “We were notified by YouTube of the monetisation restrictions 48 hours after the publication of our identity,” Caracula said.
The Busan kick incident occurred on 22 May last year at around 5 a.m. at the common entrance of an office building in Jingu-gu, Busan. After chasing the victim who was returning home for about 10 minutes, Ahn was accused of assaulting the victim by suddenly kicking him in the head from behind, and was sentenced to 12 years in prison in the first trial. On appeal, the prosecution asked for 35 years in prison for attempted rape and murder.