UPDATE: ZenKimchi has more K-blog reaction to the verdict and you can read Marmot’s reaction in the comments section, but both are critical that he got off because he was drunk.  Not only was he drunk but there was plenty of other mitigating circumstances as well, but this is a separate issue from these two GIs receiving equal treatment in Korean courts.

We all know Korean courts give jacked up sentences for sex crimes, but I’m thinking about this case setting a precedence so GIs don’t get screwed over in Korean courts like we have seen repeatedly in the past.  So that is why I find the outrage that GIs received treatment in Korean courts similar to what a Korean would receive, from the anti-US groups and netizens quite ironic.

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I am quite amazed by this, but the two GIs involved in the policewoman rape case have been released:

The Seoul High Court on Monday freed two U.S. soldiers who were serving prison terms after being convicted of attempting to rape an off-duty South Korean policewoman last April.

Sgt. Anthony Basel and Pfc. Mark Feldman, both 61st Maintenance Company, were convicted July 27 of attempting to rape the woman in a public restroom in the Gangnam district of Seoul after a night of heavy drinking.

Basel, who admitted attempting to rape the woman, was sentenced to 3½ years and Feldman, who maintained his innocence, was sentenced to 3 years in prison.

On Monday, the court overturned Feldman’s conviction, citing a lack of evidence and changing witness testimony during the investigation.

“At the time of the incident, right before the incident there was misconduct and [Feldman was seen] running away with defendant Basel,†head judge Cho Hee-dae said through an interpreter. “This might create the suspicion that he is guilty. However, there is no concrete evidence.â€

Cho reduced Basel’s sentence to 18 months, minus the 113 days he had served, but suspended the sentence for two years.

Cho said he reduced and suspended Basel’s sentence because it was a “failed attempt†at rape; Basel was highly intoxicated at the time of the attack; he’d suffered trauma during a deployment to Iraq; and the 10 million won (about $10,905) settlement paid the woman after the first trial. [Stars & Stripes]

This is an amazing announcement and the first time I can personally remember a GI being found not guilty in a major case like this. After all the dubious convictions of GIs in the past maybe the Korean legal system is actually starting to mature.

Over at the Marmot’s Hole Robert has translated Korean reactions to the announcement and they are of course not pleased:

The Herald Gyeongje, meanwhile, reports that controversy has already started. Women’s groups and left-wing civic groups are “shocked†by the decision, despite it “being clear that the crime was premeditated.†Netizens, meanwhile, are ashamed.

Jeong Yong-jun, the director of the Peace Alliance of JinboCorea, called the decision a “typical political judgment.†He said, “One can only see it as a political decision made in consideration of the United States and negotiations between Korea and the United States. She might have been in plain clothes, but one cannot reduce sentences and acquit [criminals] for the serious crime of premeditatedly attempting to rape a police officer.â€

Netizens, meanwhile, are ashamed… or so says the Herald Gyeongje. Said one, “Many people call our country, ‘Small but Strong Korea,’ but to America, we must seem like nothing.†Another, meanwhile, said it appears nothing has changed since the time two middles school girls were killed after being struck by a US military vehicle in 2002.

Not surprising the netizens bringing up another dubious case like the 2002 armored vehicle accident to justify their rage at another dubious case such as this. How do these netizens explain all the GIs convicted over the years and sentence in Korean court before and after 2002? It still amazes me how Koreans still think GIs get off in Korean courts when this is the first major incident I can remember a soldier being acquitted.

Robert calls the decision to release Basel “outrageous” and commenters seem to agree, but lets look at the facts instead of emotional reactions. I have followed this case very closely from the beginning because it was dubious. I knew the evidence of this case had to be weak because of how long it took to file the charges. Usually charges against GIs in high profile crime cases are filed rather quickly.

PFC Feldman was clearly innocent when he was originally convicted. Feldman claimed he was trying to hail a taxi while SGT Basel went to use the restroom. This alibi is highly likely since the victim did not remember seeing Feldman in the restroom. Also the Korean restaurant owner who heard the woman yell in the bathroom originally wrote on a sworn statement after the incident that he saw only one man in the restroom. Then days later after the police got a hold of him he changed his statement to say he saw Feldman in the restroom. Additionally the Korean prosecutors were linked to trying to coerce Basel into writing a statement saying that Feldman was in the restroom for a lighter sentence.

The evidence against Feldmann was so dubious that when he was convicted the chief judge encouraged Feldmann to appeal the sentence which is what he did. Finally, on appeal Feldmann was found not guilty and when look at the evidence he should have never had any charges brought against him in the first place.

Now let’s look at Basel’s case. The restroom was a unisex restroom and Basel had 20 beers that day and was highly intoxicated. He goes into the restroom and walks in on the woman there. Basel says he only remembers going into the restroom and after some confrontation with the woman pushing her on the ground while his pants were down. Remember she was not raped by Basel and he was in a restroom he had every right to go into since it was unisex. He could argue his pants were down because he taking a piss before the confrontation for all we know. From the media reports we don’t know if he attempted to take clothes off of her. It would be hard to rape somebody if you don’t take their clothes off.

The only thing we know is that he was highly intoxicated, went to take a piss, got into a confrontation, pushed the woman to the ground while having his pants down. He definitely committed a crime but if he made no attempt to take the victim’s clothes off I would consider this more a drunken sexual assault than a rape. However, the evidence itself shows there is no way this incident was premeditated as the Korean feminist and left wing groups claim.

To complicate things further is the changing witness statements and the fact that the prosecutors were linked to trying to coerce Basel into implicating Feldman. It is times like this it is important to remember these important words of every expat’s favorite lawyer in Korea.

So the appeal judges when looking at Basel’s case had to take into consideration the police and prosecutors incompetence in the case, the courtroom was originally not providing accurate translation services for the trial, the fact that the incident was what the Korean judges call a “failed attempt at rape”, as well as the fact Basel according to Korean custom paid over $10,000 in compensation money to the victim. Additionally you have to take into consideration Korea’s own lack of stiff penalties with rape cases. When you combine all these things that is how you get Basel receiving a suspended sentence after serving 113 days in jail.

If you don’t agree with this sentence ask yourself what would a Korean in similar circumstances have received? I can tell you very well what they would have received:

The Seoul High Court yesterday overturned the conviction by a lower court of a 49-year old taxi driver who had been charged with the rape of a 19-year old U.S. female soldier.
The man had received a 10-month prison term in the original trial after being convicted of luring the newly-arrived servicewoman from Incheon International Airport to a hotel near there where the woman said he raped her.

The woman reported the incident to U.S. military authorities, who asked for assistance from Korean prosecutors. The appeals court ruled that the woman had shown no evidence of having refused the man’s advances, and that he used “not enough violence to constitute rape.â€

This taxi cab driver committed what was obviously a premeditated rape of a 19 year old soldier who had just arrived in country and originally received a 10 month sentence for it before the case was overturned. This guy wasn’t even drunk, premeditated the attack, and actually raped her and received no jail time. You want outrageous this case is outrageous. I can also point to the case of the ROK Army soldier who sexually assaulted a female US soldier on Camp Casey while she was sleeping and he to received no jail time. If you look at past precedents SGT Basel has already been punished more harshly than other Korean rapists and sexual assaulters.

SGT Basel is only going to be further punished because his career is over and will probably face an other than honorable discharge of some sort that will follow him around the rest of his life. I’m not sure if being convicted of a sex crime in a Korean court would cause him to have to register as a sex offender in the US, but if he did, that would be something else that would follow him around the rest of his life. He probably deserved more jail time which if he was tried in a US military court he would have assuredly received, but the mitigating circumstances in the Korean court were overwhelming and I overall look at this case as a step forward for the Korean legal system and maybe one day justice for GIs in Korea will not be so hard to find.