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Chapter 12 - The alleged sexual assault in DaeguThe chat as evidence

  • There is NO video

  • The 4 sec. audio file is not listed among the evidences in the court

  • The 6 photos are shot and posted in the bar, not in the hotel

  • The photos are BEFORE the alleged crime, they are not evidence for the adultery

  • The "evidence" from the conversation doesn't contain direct or indirect mention of "sex", or any sex-related word

  • The conversation is also from the night, BEFORE the alleged crime 

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The only submitted to the court physical evidence on this case was the fragments of JJY's kakotalk chat. To remind you - it was not evidence, obtained by the police through the process of search and investigation, with indisputable origin. It was illegally obtained, STOLEN personal info (something that itself is a crime). The file's authenticity can't be proved, as the source (JJY phone) was not found. The law of the "report of public interest" is inapplicable for sexual crimes, so the illegally obtained evidence can't be legalized based on this law and can't be used for this case. It could be used only if it was proven that drug is used to facilitate the rape, as the drug usage is crime of public interest. 

In the court was presented not the full chat on the same Excel file that the prosecution got from ACRC but just fragments/quotes of it. These fragments were "reconstructed" - edited, cut out of context and mixed, and date/time of posting was removed (pic 5). So, what the judge got is very similar, or even the same, as these published by the media. They are not the ORIGINAL chat! So, the court broke the laws and the constitution, accepting an illegally obtained and edited evidence. The victim's testimony is also built only on this same illegal and forged/manipulated chat.

But as it was the only evidence submitted by the prosecution and as JH was sentenced only based on it, let's see what's evident in this evidence. Bang and the media claimed that there is a video; 6 photos, some of them containing a scene that could imply sexual assault; an audio file allegedly from the rape; and a slang word in the conversation that could imply sexual assault. 

THE FACTS - In the chat logs from the same day and close dates, VIDEO file DOESN'T EXIST, at all. No video from the 3 bars, no video from the hotel, no video from the next day, just nothing! There is a short conversation from unknown date and time, with unknown order of the comments and with lots of missing parts and words. Additionally, there is a 4 seconds long AUDIO record and 6 photos. 

Source : 1, 2, 3, 4, 5, 6 , 7, 8 (eng) , 9 (eng).  Anyone is free to search for more links based on the keywords from the article. Please, do not use "google translate" if you do not understand Korean to translate the sources, because the results are usually incorrect and misleading.

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