I am so Sorry. Legally.
Dear Korean,
As they face sentencing on blackmail charges that could land them in jail for three years, two young women are trying to save themselves with letter writing: "Model Lee Ji-yeon and GLAM's Dahee have submitted their next letters of apology for attempting to blackmail Lee Byeong-heon, making it the 10th for the model and the 17th for the idol." Are letters of apology standard operating procedure as felons face trials and/or sentencing? And do they really send ten or more? Do they go to the court or to the victim?
Frequent Flier
Short answer: yes! Letters of apology are more or less a standard operating procedure for criminal defendants. It is not legally required, but a criminal defendant who is already convicted or whose conviction is all but certain would be foolish not to write one.
For nearly all crimes, Korean criminal law's sentencing guidelines provide that the sentencing court may consider "sincere self-reflection" as a factor to reduce the jail term, potentially down to a suspended sentence (i.e. no actual time spent in jail.) In addition, there is always a chance that the letter of apology would move the victim of the crime to ask the court for clemency, which also factors favorably in sentencing.
This is exactly how it worked with Lee Ji-yeon and Dahee, who were convicted of blackmailing Lee Byeong-heon. For those who are not up to speed with the latest Korean entertainment gossip: Lee Ji-yeon and Dahee surreptitiously recorded Lee Byeong-heon making sexually explicit jokes while they were drinking together. Lee Byeong-heon did not help himself either, as he later flirted with Lee Ji-yeon through text messages in a manner that borderlined on harassment. The two ladies, in turn, used the recording and the text messages to blackmail Lee Byeong-heon for approximately US $5 million. Instead of paying up, Lee Byeong-heon decided to suffer the embarrassment and let the world know about the blackmail. The jig was up for the ladies.
Lee Ji-yeon and Dahee did receive prison terms--14 months and 12 months, respectively. But their letter-writing campaign apparently worked, to some degree. Lee Byeong-heon did ask the court for clemency, and the prosecutor's office appealed the case because it felt that the sentences were too low. The prosecutors specifically questioned the sincerity of the two perpetrators' apologies, claiming that the defendants are continuing to testify falsely.
Does it make sense to consider "sincere self-reflection" as a part of the sentencing rubric? If you are the type who loves the idea of putting the bad guys in jail, the idea may sound ludicrous. You might also favor drawing and quartering a murderer and cutting off a thief's hand, but the modern criminal jurisprudence has moved away from that notion.
Is there some validity to the point that this requirement brings about the "apology inflation," of the kind shown with the case of Lee Ji-yeon and Dahee? (Even by Korean standards, 17 letters of apology is a big number.) Sure, there is some validity. But take it from a criminal defense lawyer: sentencing is always more art than science, because it is impossible to precisely measure the wage of one's guilt. Modern criminal law aspires for rehabilitation of criminals. To that end, it is meaningful to inquire whether the defendant is being remorseful, even if such inquiry at times may feel like mere formalities.
Got a question or comment for the Korean? Email away at askakorean@gmail.com.
For nearly all crimes, Korean criminal law's sentencing guidelines provide that the sentencing court may consider "sincere self-reflection" as a factor to reduce the jail term, potentially down to a suspended sentence (i.e. no actual time spent in jail.) In addition, there is always a chance that the letter of apology would move the victim of the crime to ask the court for clemency, which also factors favorably in sentencing.
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| Lee Byeong-heon being sad about that whole blackmail thing. (source) |
This is exactly how it worked with Lee Ji-yeon and Dahee, who were convicted of blackmailing Lee Byeong-heon. For those who are not up to speed with the latest Korean entertainment gossip: Lee Ji-yeon and Dahee surreptitiously recorded Lee Byeong-heon making sexually explicit jokes while they were drinking together. Lee Byeong-heon did not help himself either, as he later flirted with Lee Ji-yeon through text messages in a manner that borderlined on harassment. The two ladies, in turn, used the recording and the text messages to blackmail Lee Byeong-heon for approximately US $5 million. Instead of paying up, Lee Byeong-heon decided to suffer the embarrassment and let the world know about the blackmail. The jig was up for the ladies.
Lee Ji-yeon and Dahee did receive prison terms--14 months and 12 months, respectively. But their letter-writing campaign apparently worked, to some degree. Lee Byeong-heon did ask the court for clemency, and the prosecutor's office appealed the case because it felt that the sentences were too low. The prosecutors specifically questioned the sincerity of the two perpetrators' apologies, claiming that the defendants are continuing to testify falsely.
Does it make sense to consider "sincere self-reflection" as a part of the sentencing rubric? If you are the type who loves the idea of putting the bad guys in jail, the idea may sound ludicrous. You might also favor drawing and quartering a murderer and cutting off a thief's hand, but the modern criminal jurisprudence has moved away from that notion.
Is there some validity to the point that this requirement brings about the "apology inflation," of the kind shown with the case of Lee Ji-yeon and Dahee? (Even by Korean standards, 17 letters of apology is a big number.) Sure, there is some validity. But take it from a criminal defense lawyer: sentencing is always more art than science, because it is impossible to precisely measure the wage of one's guilt. Modern criminal law aspires for rehabilitation of criminals. To that end, it is meaningful to inquire whether the defendant is being remorseful, even if such inquiry at times may feel like mere formalities.
Got a question or comment for the Korean? Email away at askakorean@gmail.com.
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