By Jung Hae-myoung
A long-standing controversy has been reignited recently over whether it is proper for an "unstable mental condition" to be a valid reason for leniency shown toward criminals. The issue reemerged following a murder committed by a man suffering from depression.
The suspect, 30, stabbed a 21-year-old part-time worker in an internet cafe in western Seoul Oct. 14. The man was arrested three days later, but told officers that he had been suffering from depression for 10 years and was on medication, according to police.
This led many people up to protest the leniency of criminal law, under which judges can reduce prison terms when the crime is committed by a "mentally unstable" person. "Mentally unstable" people are defined as those incapable of making proper decisions for various reasons, including those with mental disorders or who were under the influence of alcohol or drugs. The latter two "reasons" are no longer recognized for sex crimes.
More than 510,000 people have called for harsher punishment for such cases on Cheong Wa Dae's website, saying leniency should not be allowed.
"To what extent should we tolerate lenient punishment just because the suspect has depression, a mental disorder, or is mentally unstable?" a petitioner wrote. "If someone has bad intentions, they can be prescribed depression medicine and then commit a crime, knowing the punishment would be lessened using the mentally unstable argument."
Experts say that as this is a case of murder, it is only the beginning of the investigation and it has yet to be seen whether a court will recognize the suspect as being mentally unstable because of his consumption of anti-depressants.
But the public reaction is believed to have stemmed from previous brutal cases where criminals claimed to have been mentally unstable when they committed the crime and have had their punishment reduced.
In 2008, Cho Doo-soon, who raped an eight-year-old girl ― permanently damaging her internal organs ― had his term reduced to 12 years from 15 years, because he was "drunk." After the case, the law was revised so that those committing sexual crimes under the influence of alcohol or drugs could not receive reduced sentences.
Some worry the current law can be taken advantage of by people with prescriptions for mental disorders. Experts say courts need to follow strict scientific and medical evidence in deciding whether to reduce the terms for criminals claiming mental instability.
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