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AJ - Final appeal against the false charges aquittal of a Yoochun alleged victim denied by court


V.M.

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Back in July, Yoochun‘s second alleged sexual assault victim was acquitted on charges of defamation and false claims. Then in September, an infamous appeal of that ruling was shut down as well, probably due to the argument being â€œit’s not possible for rape to occur in a small bathroomâ€. Still, there was one final appeal made, but that was recently denied as well.

 

Seoul’s High Court found the accuser, Ms. Song, not guilty of defamation of character and making false charges this past September, and though Yoochun’s side filed an appeal, the court denied the request on December 22. This ends an 18-month legal battle against Ms. Song, who was found not guilty of defamation of character in her previous two trials.

 

Thus ends the legal battle that started way back in June of 2016 and gave us a whole lot of questions to think about but not many answers.

 

http://www.asianjunkie.com/2017/12/22/final-appeal-against-the-false-charges-acquittal-of-a-yoochun-alleged-victim-denied-by-court/

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I give up.

 

 

I tried to stay away from this, to avoid taking sides as long as possible. Because, you know, if you take one side, and there is still a possibility that the other one was the right one... how do you deal with that? And yes, there is still a possibility... of people lying, of people doing it for money... 
But personally, I can't see myself following Yoochun when he comes back. Maybe he's innocent and this was all a huge plot against him... but I can't. If he is indeed innocent and loses his career, and possibly more, over it, then I am really sorry. 
I hope he won't come back to JYJ, because I would have to reconsider everything I think about Jaejoong and Junsu. I hope he'll just disappear from the public eye. This is very selfish. But just thinking about him being there with the other two, joking with them, while we still have this doubt, that he maybe (probably? omg this is hard) raped one or several women... This is just. No.

And it hurts, because of the memories. Because I can deal with JYJ disbanding now, but he is everywhere in my memories of DB5K. He was the first one I noticed. He made me cry when I watched Proud (live) for the first time, which is precisely what got me into Kpop. And I was waiting for a reunion like an idiot. 

We won't ever be sure, and that's the worst thing ever. There will always be this doubt. But between following an artist who may have raped someone, and giving up on him even though he might be the victim, I selfishly chose the second option. 

And if he indeed did this, I am so, so sorry for the victims. 

 

 

 


 

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A poster from soompi  article summed up very well the whole case. Saved me the trouble of explaining here. 

 

It's individual trials, they don't depend on each other so it's not one automatically guilty cause the other is innocent.

They didn't have ANY evidence to believe he committed a crime, he was declared innocent.

On the other side they couldn't find a documented proof that B benefit somehow from the accusation she did, they can't pin on her neither blackmail or false accusation so she is declared innocent. 
Even if the judge believed she was going to look for money out of this, without EVIDENCE there is absolutely nothing they can do, but keep dragging the case. There were some talks about her lawyer advising her to be careful not to give away evidences accidentally, but made in a subtle enough way to raise a reasonable doubt that also rules out as proof.

On A's case CJES managed to have records of blackmailing so the judge managed to sentence her and her peers accordingly.

 

cr drykabioni via soompi

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There were some talks about her lawyer advising her to be careful not to give away evidences accidentally

Sounded like something a nice lawyer will advise every single client of his.

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I'am speechless right now. Messsss. Really? "It's not possible to rape to occur in a small bathroom."

This is a quote from Dispatch article and written by them with no reference to official court statement. And this is a closed court case. It means only official statements from the judge is allowed to be published and made public.

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It is the way it should be when the client is in whatever side.

In a criminal court.. the defending lawyer does not have to provide evidence or prove anything. It is up to the prosecutor to find evidences and proofs to support their claim and charges.It is in the interest of the defending lawyer not to give too much away to the other side.

 

Your comment will only worked in a civil court.

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