The trial of 63-year-old musical actor Nam Kyung-joo, who has been indicted on charges of sexual assault against his student, will proceed as a national participation trial in November.
On the 26th, the Seoul Central District Court's Criminal Division 29 (Presiding Judge Uhm Ki-pyo) held the first preparatory hearing for Nam on charges of sexual assault by a person in a supervisory position, stating, "We will hold a national participation trial for two days on November 27 and 30." This decision comes after the court accepted the request made by Nam's side.
During the hearing, Nam's legal representative expressed the desire for a national participation trial, stating, "Rather than asking questions that cause secondary harm or shame, we will focus objectively on what the relationship between the defendant and the victim was like at the time," adding that they wish to receive an evaluation based on common sense and public sentiment.
In particular, Nam's defense attorney explained, "The prosecution has established the supervisory relationship based on three points: that the victim was a student attending the defendant's class at the time, that the defendant proposed the teaching assistant position and she was scheduled to take it, and the defendant's influence in the musical industry. We plan to focus our defense on the specific nature of the influence the defendant could exert over the victim and whether that supervisory relationship truly existed, considering that the victim's academic evaluation had already concluded and the appointment of a teaching assistant was decided by the student's choice rather than a unilateral decision by the instructor."
In response, the victim's legal representative requested, "Just as there is a right to a national participation trial, the victim's wishes must also be respected in sexual violence cases. Please carefully consider whether to hold a national participation trial." However, the court decided to proceed with the national participation trial after reviewing the opinions from both sides.
A national participation trial is a system in which citizens participate as jurors in criminal trials to determine guilt and suggest sentencing opinions. The jury's opinion does not have legal binding force and serves only in an advisory capacity.
On the first day of the trial on November 27, proceedings will include the identification of the defendant, the prosecution's statement of the summary of the indictment, documentary evidence examinations such as playing closed-circuit television (CCTV) footage and audio recordings, followed by the examination of five witnesses requested by the defendant. On the second day of the trial on the 30th, the examination of the victim as a witness, the examination of the defendant, the prosecution's sentencing recommendation, and the defense's final argument will take place, leading up to the sentencing.
Previously, Nam was accused of sexually assaulting a female student in the Seocho-gu area of Seoul last December by utilizing his social status and influence.
The case was sent to the prosecution following a police investigation, and the Seoul Central District Prosecutors' Office Criminal Division 2 (Presiding Prosecutor Park Ji-na) indicted Nam without detention on April 24 on charges of sexual assault by a person in a supervisory position. During the prosecution stage, Nam requested to be referred to criminal mediation and attempted to reach a settlement with the victim, but the mediation fell through as the victim refused.
Meanwhile, Nam debuted in 1982 as a first-generation musical actor and was relieved of his position as an associate professor of musical theater in the Department of Performing Arts at Hongik University after news of the incident became known.
(SBS Entertainment News | Kang Kyung-youn)
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