Retrial of Choi Mal-ja decided for ”biting the tongue of a man who was trying to sexually assault her” (South Korea)

A retrial is set to begin for Choi Mal-ja (78), who was given a higher sentence than the man who sexually assaulted her for biting his tongue (serious assault).
On the 13th, the Busan High Court announced that it had accepted Choi's appeal against the decision to dismiss a retrial in his serious injury case.
The court stated, "The contents of the statement are quite specific and consistent," and "no unnatural or coercive elements were found in the motive for the retrial request."
He also explained that "there is ample room to believe that arrests and detentions without warrants were made without following due process as stipulated by the Criminal Procedure Law."
On May 6, 1964, Choi was sentenced to 10 months in prison, suspended for two years, by the Busan District Court for biting the tongue of a man who had attempted to sexually assault her, causing injury.
The court's ruling at the time was that biting her tongue to resist sexual assault did not constitute self-defense.
Choi was arrested during the prosecution investigation and spent six months in prison.
The man was charged with special trespass and special intimidation (not attempted rape) and received a lighter sentence than Choi, six months in prison and two years of probation.
On May 6, 2020, 56 years after the incident, Choi requested a retrial, but the Busan District Court and the Busan High Court, the first and second instance courts, ruled that "due to the circumstances of the times,
The Supreme Court then dismissed the case, stating that the ruling was unavoidable due to the circumstances surrounding the case.
The court overturned the case, stating that it was necessary for the court to investigate the facts, including the records of the inmates, criminal case files, and execution records.