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Busan Court Overturns 1965 Conviction, Calls Tongue Bite Self-Defense

The ruling follows a Supreme Court-ordered retrial spurred by #MeToo-era shifts in how Korea views self-defense in sexual assault cases.

Overview

  • On Sept. 10, the Busan District Court acquitted Choi Mal‑ja, overturning her 1965 conviction and ruling her 1964 actions constituted justifiable self-defense.
  • The court said she acted to escape an unlawful assault and found insufficient evidence that the assailant suffered permanent disability, citing surgery records and his subsequent military service.
  • Court records state the attacker pinned Choi down, forced his tongue into her mouth and blocked her nose; she escaped by biting off about 1.5 cm of his tongue.
  • In the retrial, prosecutors apologized for the past handling of the case and formally asked for her acquittal, calling her response a legitimate act by a sexual assault victim.
  • Her lawyers plan to seek state compensation, and the decision challenges a long-cited precedent in legal texts that once rejected self-defense claims in sexual violence cases.