Categories: Miscellaneous

Photographic and Medical Records in the Kim Hyun Joong Violence Case are Released by Dispatch

Whelp, shit got real and got there fast for the biggest mess of Kim Hyun Joong‘s career. If it’s of his own making, i.e. courtesy of his fists and feet, then he’s going to have to take responsibility in the end whether through settling with the accuser or actually getting probation/jail time. Either way it’s really between him and his now ex-girlfriend who accused him last week of two separate incidents of domestic violence. I don’t have an opinion on whether a victim ought to settle or press charges all the way, accepting financial recompense does NOT make the victim’s allegations any less valid and the decision to settle or not involve a bajillion factors most of which are personal. The police have summoned Kim Hyun Joong in for questioning and reportedly he is scheduled to attend in early September after he returns from overseas after completing his concert promotions.

I have no problem with that since the allegations are not over a crime that poses a threat to the public and there is no urgency sake since the victim is not laying on her death bed or anything or the investigation needs to be sped up. If he was in Korea this week he would probably have to make time to testify but his long scheduled concert tours really can’t be cancelled over this particular allegation since the fallout involves other parties financially tied to the tour. Dispatch continues to take the side of accuser “A” and this time released her medical report and pictures taken at the hospital when she was admitted for the injuries sustained in one of the domestic violence incidents. This is the one where Keyeast claimed the two got in a verbal escalated to physical fight. The agency has been asked to respond to these pictures as well as the text messages released earlier that appear to refute the first official response given and this time Keyeast said that it will no longer respond to the media and will let the facts be revealed through the investigation. A warning before you click that the pictures below might be upsetting to see.

The comment threads on the Kim Hyun Joong posts have been understandably all over the place, and honestly I really don’t care if any of his fans want to continue to support him. It’s a personal choice which entertainer to like. Heck, Charles Manson and Scott Peterson have legions of fans and folks who want to marry them. I’m not even being snarky about this, the world is large and many MANY different people live in it. Let one keep on loving Kim Hyun Joong now or even in the future when all the facts have been litigated, but I have to comment on the excuses and explanations that are given to keep trying to justify liking Kim Hyun Joong because he’s such a good guy. In light of the fact that Keyeast has admitted that Kim Hyun Joong’s fist met “A” on one fighting occasion, and the other her rib magically cracked after fooling around with him, I think those two confirmed facts are enough to have the opinion that he’s a man who resorted to physical violence against a woman. Whether its habitual or extends beyond his ex-girlfriend is not for anyone to speculate at this time.

What’s critical is that fan defenses such as (1) she must be a jealous nagging girlfriend and verbally pushed him too far, or (2) she’s only pressing charges after he broke up with her, such speculations DO NOT MATTER in the context of the facts of this particular case. Being a nagging girlfriend who bitches out her man to the point he loses his temper, that is no defense for the man to then turn around and hit her. If you look at the pictures of her injury, the bruises are not accidental but are actual strikes to that body part. He didn’t push her away and she was so slight as to go flying into some bookshelf and then got injured by other items. Those bruises above are actual fist to body black-and-blue bad shit. That does not come from anything other than anger with an intent to punch the target. I’ve handled pro bono plenty of domestic abuse cases and it is never a legally accepted justification for the abuser to give the reason he lost his temper and hit his wife/girlfriend as her emotionally instigating it.

Let me give you an example using a different context – guy A walks down the street and runs into girl B and annoys her when she mistakenly thinks he kicked her dog but really it’s another guy C who did it. Girl B won’t let it go and keeps yelling, screaming, bitching at guy A about it. Does this give guy A legal justification and defense for then beating the crap out of girl B for being unreasonable and a harpy? OH HELL NO. The only defense to assault and battery is to defend oneself or others against imminent physical harm, not using a fist as a response to mean words being said. Being goaded into it is not a valid defense – for every guy A who loses his shit and hits girl B for being an annoying wank, there is another guy who would have just walked away rather than losing his temper. And if “A” resorted to violence first, then Kim Hyun Joong’s side will need to raise that defense, but it won’t be enough to exonerate him because of the size differential and the fact that he struck her to the degree she needed medical treatment.

The key is losing one’s temper to the point of physical violence, not what the other person did to make you this angry. What the other person did as provocation be used as a sentencing mitigating factor but not as to whether the actual violence occurred. As for why she’s pressing charges now? Who the hell cares, all the law cares about is whether her allegations are true or false. If true then it doesn’t matter if she waited months or even years as long as the statute of limitations is still valid, and if it’s false then her pressing charges the second after he hit her doesn’t make it any more valid. Never ever question why and when a victim decides to press charges unless you’ve stood in her shoes and feel whatever she is feeling after being hit by a man who claims to love her. Those who work in domestic violence shelters or with survivors of DV know that the number one reason the woman doesn’t leave immediately is fear. Once you’ve been beaten by someone claiming to love you and then apologizing afterwards, you’ll understand the deadly cycle of abuse that makes this one of the most pervasive crimes around the world regardless of ethnicity or culture.

ockoala

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  • Take out "girl" and "guy" and insert "person". It doesn't matter whether it's men or women as victims or perpetrators, violence from anyone against anyone is never okay.

  • It is incredibly difficult to press charges against an abuser. One woman I knew was thrown into a shower door, which then broke, but she had her sister-in-law, who was a nurse, stitch her up rather than going to a clinic or hospital where it would have been immediately reported. Why would she do this? She did not have the support. She did not want to hurt the family. She was too afraid. She only recounted this to friends months after it happened.
    So my prayers go out to this girl, who suffered through this and now must suffer through investigation, interrogation, hatred from delusional fans, disbelief, an endless cycle of reliving the experiences, and eventual exposure of her identity. I do not ask why she is pressing charges now; I applaud her for the strength to do it at all, and I hope she has plenty of people around her to support her.

    • It's hard to understand how an abused person would not seek help from family and friends immediately... until you've known someone who did and understood what happened.

      My sister was a victim of domestic abuse. She had been physically and verbally assaulted by her husband. She didn't run back home to our parents until she was in a situation when she thought she was in danger of being gang-raped by her then husband and his friends. She had nothing but the clothes on her back and had not had the chance to take her two kids with her. We were all glad that she took off when she did and we didn't have to see her badly maimed or dead before we find out. She said she was afraid we would blame her because her decisions led her to get pregnant twice before the age of 20, and despite being properly raised and cared for by our parents, she made some pretty bad decisions.

      Another friend had a similar experience which she just told us only years after it happened. She was in an abusive relationship for years and didn't tell her parents because it was her decision to be with the guy.

      Now in our family, we are telling my sister's kids that if they are in trouble, they should seek help from us immediately. It doesn't matter how or why it happened, they have to tell us. They can tell us anything. We won't judge and we won't blame them.

  • They're really going for the jugular with this. Does Dispatch have a thing against KHJ or Keyeast? I get that this is sensational and first to report this gets more readers/ad money, but the reveals are coming so fast it feels a little personal maybe? Perhaps editor/owner has a close friend/relative who went through the same thing and so Dispatch is very sympathetic toward A and vindictive toward KHJ? Props to the journalist though. That is some serious sleuthing he/she did. Unless A and her lawyers fed it to Dispatch themselves of course. Whatever the reason, I hope KHJ gets his just desserts. At the very least for that one "incident" both sides acknowledged had happened.

    • I think A must have fed it to dispatch to garner public sympathy and such (which obviously should be there anyways). There definitely shouldnt be any props to the journalist if they found out on their own bc they definitely would have broken laws in terms of doctor patient confidentiality and the release of private medical reports...

    • Dispatch either got it from A or has a source in the police station since A handed over to the police her medical records and evidence of her dating relationship with KHJ such as pictures and text messages.

      • Hi, there's something I'd like to clarify. Some people have mentioned that evidence revealed to the public prior to the investigation or court case means that they cannot be submitted as evidence in court legally. Is this the case here? And if so, that's rather confusing, regardless of who chose to release it.

      • No, evidence revealed to the public does not in and of itself invalidate its admission in a court of law. Whether evidence can be admitted depends on many factors.

  • not sure how he's going to explain it. Domestic abuse is such a vicious cycle. Not only the victim are being physically abused but the emotions toll is just as worst. It's very difficult to just up and leave an abuser.

    I have worked with someone where her daughter was abused for many years. The daughter kept on taking her abused boyfriend back because each time he would apologized and cry...and said he would change. But things only got worst. Well....the abused got so bad she decided to leave and had a restraining order against him. Guess what happened? One day he followed her to her new place and beat the crap out of her....stabbed her but somehow she managed to get away and ran for help before she passed out. The doctor said he missed her vital organ by a hair thread or else she would have died.

    The statement when KHJ said that when he's with her he sees a side of him he hasn't seen in years. That is an indication that he has behave this way before. All these girls that stands behind him doesn't know exactly what is going on. If they were beaten until they are hospitalized then I am sure they will be singing a different tune. Because fantasy and reality are not that sweet. And most of them are stuck in a fantasy land.

    • Agree 100% with ash's opinion. DV is a no, no, no. I used to like him despite thinking that he's gay. Now, I am so disappointed, I just have to LET HIM GO :)

    • I am not a "fan girl" but I have been watching this case. As a nurse I am going to point out a few things, the bruises are different colors, the bright blue one is fresh but the others are not. I have a problem with her waiting to report this also. I work in an ER so I am going to tell you a story that happened here in the USA. Some girls do crazy things to keep a guy. We had a young woman brought in that had bruises all over her body with the story her bf did it. As with this one she had a friend backing her up. Cops went and arrested the boy who denied hitting her but did say he pushed her when she stopped him from leaving. upon examination he had bruises on his ribs and arms from her hitting and holding on to him. He swore she was standing yelling at him when he left. Well it went to trial and thankfully the friend caved and admitted they planned it. the girl friend hit herself and the friend hit her to cause the bruises because she wanted to ruin him! This boy almost got jail time for her lies! Now look at the pics they are posting saying it shows their history. I do not read Korean but both have 2014 on the. What if they are not talking about the same thing in the Texts? what if texts in between were deleted? I am a female and as a nurse I have seen a lot of things my sex has done in the name of love! I do not agree to violence but I also know that if she was beat that bad the dr's should have called the police or reported it! As for "womanizer" it does not say he cheated is said woman problems. That could mean she was insecure with is co-stars and such. This was not a healthy relationship obviously so before you lock him up make sure she is telling the truth 100 percent. Lies are just as harmful when they get out of control!

  • As a result of this event and seeing the so many people hit within the family in Korean dramas, I did a very small review of articles on the internet about domestic violence in Korea. One article discussed the K-drama standard couple of purehearted girl who finally warms the heart of the cold -often wealthy-man after suffering various types of abuse at his hand. This actor played one such cold man whp finally warms up because of love in Playful Kiss. As K-drama fans, we should ask the studios to rethink this plot rubrick. The second was a more news related article from May 2012 entitled Is Domestic Violence Taken Seriously In Korea? https://my.news.yahoo.com/domestic-violence-taken-seriously-korea-041003063.html Korea has a higher rate of domestic violence within the family than most other developed countries. I hope this icident regardless of outcome serves as an opportunity for Korean Society to move ahead in addressing abuse within the home.

    • WRT purehearted girl warming the heart of the cold man, that plot device is EVERYWHERE.

      It's not only in kdramas, but all throughout western stories (cf. Twilight, 50 shades of grey, most romance novels, etc.).

      There's a reason it's so ubiquitous, in that it sells really well, even though it very, very rarely happens in real life.

      The problem is that in the vast majority of cases in real life, it's pure fantasy, and a lot of women can't differentiate fantasy from reality or want to live in fantasyland versus facing the cold, harsh light of reality.

  • Maybe it's the social ranking that gives certain people the feeling of superiority: if you're older, if you are parents, if you are rich, higher up in a company...these higher ups are bow to, spoken to in a more respectful language. Maybe if they make everyone equal, then DV will lessen. It's the cultural, the laws/courts, & how the kid was raised to think it's no big deal to hit.

  • As an domestic violence advocate, I really appreciate your point of view on this. Victim blaming really needs to end, nobody ever deserves to be hurt like this.

  • I had formed my opinion after the texts were released.. But initially I thought 'she probably started it' defense was plausible before I saw the pix. He pushed, she fell/slipped, something similar. I don't see how that defense could apply anymore...

  • One who professes to be a lawyer would know better than to write a one sided opinion publicly even before the actual direct and personal investigation of the suspect.

      • I understand what @kathy means. Lawyers should be professional and be very careful in what they say or write publicly.

    • This is a blog. Her personal blog. Bloggers tend to have opinions. She gave her professional definitions of her experience with DV. And legal definitions of assault and battery. And her personal opinions.

      And this is not a case law class. Neither is it a legal article. Why does Ms Koala feel the need to be neutral? Then she doesn't need to blog then? Would she?

      • Thank You, Lawyers can have opinions, and it is true Ms. Kola is entitled to hers. I was trying to be nuetral also. But come on, once his agency had to make that admission. It was all over for me. They were playing around? If it walks like a duck, quacks like a duck, its a duck. This is a case of domestic violence no matter how I look at it.

    • @kathy

      Oh boy, you really don't know what you're talking about, right? I don't profess to be a lawyer, I am one as evidenced by my passing the bar exam and being licensed to practice in multiple jurisdictions. I may profess to be a writer by my writings here at my blog, but my legal credentials are not merely my assertion that I have them.

      Secondly, lawyers more than anyone else do and often have opinions about ongoing legal cases based on the information currently available. The only time our professional ethics would prohibit us from talking about a case is if we are involved as legal counsel. Since I am neither Kim Hyun Joong nor A's lawyer, then I can talk all I want about the case.

      A judge in a case needs to remain impartial and not form an opinion if the judge is presiding over that case, otherwise even judges are free to form their own opinions about other cases. The public is allowed to have their own opinions and only when selected as a jury member in a particular trial do they have to swear to listen to the facts are presented in the trial and render a verdict based only on those facts.

      As a lawyer and a blogger I'm confident I am professional in either field and haven't actually written anything I need to regret or rescind. I think what you meant to say is that as a blogger I shouldn't have an opinion yet since the investigation is ongoing. That's a fair point but my blog was never a news blog where I am taking on the role of a journalist to merely present facts. I've always written my opinion so I don't believe I've written out of sorts in this particular matter.

      It's pretty douchey to call out how a lawyer ought to behave when you don't have a clue what the ethics of the profession actually are. Plenty of lawyers write editorials on current cases, the only hitch is what I said above about the conflict of interest or attorney-client privilege. Neither of which applies here.

      • Well said... Sometimes it's better to keep one's comments to oneself, lest one's ignorance becomes apparent.

        I love reading your write up on this issue. You've clearly fished out the points that matter and identified the rest as just a crap load of bull shit.

        The photos are disturbing. Seriously. What an asshole.

      • Might I just say that you write very well and I particularly enjoy it when you hand out a well-deserved ice cold can of legal whoop-ass.

      • He is really "great"! Although most of his fans are women, his future & his rice bowl are depend on women, he dare to cheat & torture women.
        Anyhow,he may have no choice to retire now since he can retire comfortably with the money that he earned from women.
        Sorry, I tend to be sarcastic to men who are looking down on women.

      • When they cant fault your sound logic, they attack your credibility. When they cant fault that too, they attack your professionalism/ethics. Bullies for their oppa didn't do it.
        They are not even reading the fact that He ADMITTED hitting and injuring her. Now some wanna see the face. For what??? Like some PSH fans, when her face got revealed. Some claimed, he was seduced. In this one most likely, some would say she has a nagger's face?

    • She's not his/her lawyer. She can say whatever she wants. This is her blog etcetc.
      I've read a lot of articles by lawyers having very firm stands on high profile cases, before they're ever finished. Especially on what the accused's position is based on current evidence. Not just on blogs either, in newspapers!

      She should read all her blogs on the issue again? Why? I'm sure she remembers every word. She already said that she doesn't feel she said anything she needs to rescind, and neither do we.

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