"Why Should the Victim Leave?" Judge Cites 'Private Education' in Raising Sentences for Juvenile Offenders

Prosecutor's Appeal Partially Accepted in Juvenile Sex Crime Case

Judge Cites Drama "Private Education" While Criticizing Defendants

The Netflix original drama "Private Education," which addresses issues of school violence and teachers' authority, has been referenced not only in political and educational circles, but also in the courtroom. During an appellate trial for juvenile offenders who committed sexual violence and exploitation against a fellow female student, the presiding judge mentioned the drama and sharply criticized the current victim protection system.

According to Yonhap News on June 28, the Criminal Division 2 of the Busan High Court (Presiding Judge Park Woon-sam) partially accepted the prosecutor's appeal in the appellate trial of five juvenile offenders indicted for violations of the Act on the Protection of Children and Juveniles from Sexual Abuse, among other charges. As a result, the sentences for the main offenders, referred to as A and B, were increased compared to the initial trial.

The court sentenced A to a maximum of five years and a minimum of four years in prison, and B to a maximum of three years and a minimum of two years. These are heavier sentences than those handed down in the first trial, which were four years maximum and three years minimum for A, and two years maximum and one year and six months minimum for B. For the remaining three defendants, the original verdicts were upheld.

These individuals were tried on charges of repeatedly sexually assaulting a female student at the same school or producing, filming, and possessing sexual exploitation material. The main offender, A, was accused of sexually assaulting the victim three times, coercing her to perform sexual acts on camera, and then sending the video to others. B was also indicted for producing and distributing sexual exploitation material involving the victim.

A scene from the Netflix original drama "True Education." Netflix

The defendants continued to claim factual errors and unfair sentencing during the appeal, but the court did not accept these arguments. The court found that when considering the content of phone calls and text messages between the victim and acquaintances, transcripts of conversations between the defendants and the victim, audio files recorded at the time of the incident, and the victim's statements, the charges were sufficiently substantiated.

The court particularly cited the suffering experienced by the victim after the incident as a key factor in determining the sentences. It was reported that although the victim transferred to another school after the incident, rumors continued to spread, ultimately leading her to drop out. She continues to receive psychiatric treatment and has not been able to return to a normal daily life.

Judge Park criticized the defendants, stating, "Even up to this point in the courtroom, the defendants continue to make excuses that are difficult to accept." He added, "People should be grateful when someone likes them, but the defendants exploited those feelings and inflicted pain on the victim that may never be fully healed. Even as juveniles, they must take responsibility for their actions."

He went on to mention the recently released and widely discussed drama "Private Education," making a pointed comment about the way victims of school violence are protected. He said, "These days, the drama 'Private Education' is trending, and watching this case, I had to wonder: if a victim suffers from school violence, shouldn't the perpetrator be transferred instead of the victim?"

He further questioned, "Why should the victim have to try to please the perpetrators just to escape such a situation?" He expressed regret, noting, "Even after serving the sentences imposed by the court, the defendants are much more likely to return to society than the victim, who is still unable to lead a normal life."

However, the court explained that the fact that the offenders are juveniles limited the extent to which their sentences could be increased. Judge Park clarified, "While we have accepted the prosecutor's appeal and increased the sentences, there were limits to imposing significantly harsher penalties because the defendants are juveniles."

This content was produced with the assistance of AI translation services.