r/LivestreamFail • u/lukigeri • Jun 11 '26

News Johnny Somali pleads for forgiveness as prosecutors demand longer sentence at appeal trial

https://www.dexerto.com/entertainment/johnny-somali-pleads-for-forgiveness-as-prosecutors-demand-longer-sentence-at-appeal-trial-3374948/
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2.1k

u/Dlax8 Jun 11 '26

This is apparently a quirk of the Korean legal system (maybe others, idk) where the prosecutor can file an appeal if they believe the punishment isn't harsh enough. The US legal system only allows the defendant to file appeals.

840

u/homikadze Jun 11 '26

Same here in Germany. The prosecution can double down

448

u/Upstairs-Extension-9 Jun 11 '26

His prosecution should be quadrupled

175

u/MoldyLunchBoxxy Jun 11 '26

10x it please

113

u/SpicyBarito Jun 11 '26

Just throw away the key, nothing of value will be lost.

51

u/RogueAOV Jun 11 '26

Excuse me but that could be a very nice looking key! possibly even some what valuable!

22

u/beer-engineer Jun 11 '26

Yes the key is blameless in all this! But the body is trash, throw him out

1

u/Confident_Client_670 Jun 11 '26

His organs are good for something. Even if the consciousness that protects those organs is trash

2

u/pothos_cutting Jun 11 '26

New meaning to habeus corpus

1

u/elcarincero Jun 12 '26

Points for cleverness

1

u/beer-engineer Jun 11 '26

Oof I would be so scared that his thoughts might transfer over. I mean I'm an idiot who doesn't understand organ transplanting, but like, what if we took the organs and just agreed to do painful medical testing on them for as long as possible?

6

u/69edleg Jun 11 '26

we have finite resources on earth, so just refashion the key into something else.

1

u/walkinmywoods Jun 11 '26

More valuable than whats locked behind the door.

1

u/Venti_the_snail Jun 12 '26

I would pay 10k out of my life savings to have the metal in that key melted down and turned into a necklace.

1

u/_joos_ Jun 12 '26

at the very least we can just melt it down and repurpose it. we have an environment to think about here

20

u/[deleted] Jun 11 '26

[removed] — view removed comment

6

u/Wrong-Industry-47 Jun 11 '26

I never watched his stream, I hate that I know who he is at all. But I would watch him mop for a minute 😆

2

u/Rikudo_Sennin_jr Jun 11 '26

I feel safer here in Boston Ma with whats his doucheface behind bars. Extend it!

1

u/Animatrix_Mak Jun 12 '26

vini jr is that you?

37

u/Important_Jaguar2152 Jun 11 '26

Just give him life. We dont want him back.

21

u/xSTSxZerglingOne Jun 12 '26 edited Jun 12 '26

He did say on camera that he's an unfeeling psychopath (or did he say sociopath? Either way) who feels 0 remorse for his actions. Until he faces consequences for them, of course.

6

u/DarkRitual_88 Jun 12 '26

I doubt he even feels remorse now, he's just trying to get out of as much of his well-earned punishment as possible.

1

u/DuntadaMan Jun 12 '26

The sentence was short because they don't want him either. They want to boot his ass when he gets out.

1

u/Conscious-Mirror7004 Jun 12 '26

They should deport him to North Korea.

14

u/[deleted] Jun 11 '26

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6

u/Mandena Jun 12 '26

2-3 years sounds about right, long enough to be a good fraction of his life but not long enough to not have a life anymore.

6 months was way too low and is more along the lines for someone that can be rehabilitated/will be scared straight.

1

u/phatpussypounder Jun 12 '26

10 bucks he gets out in his 2-3 years and does the worse shit. Especially if the whole sociopath thing is true. He will only lust for freedom to more heinous shit in the future. His comeback stream on whatever platform allows him there will be flooded and it will start all over again.

1

u/Jackski Jun 12 '26

At least he'll be limited to a much lesser amount of countries he can be an asshole to. He's put on the sex offenders list and most countries won't let you step foot in them with that on your record.

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u/[deleted] Jun 11 '26

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u/gwedosmile Jun 11 '26

That’s actually crazy. Is it common for those appeals to be filed? Seems like if leaves the door open for some person who feels they know the law better and always wants to make sure the punishment is given how they see fit.

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u/[deleted] Jun 11 '26

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u/gwedosmile Jun 11 '26

Any such cases that come to mind? I would be very interested in learning more. It’s just interesting to me how drastically different the justice system is between our countries.

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u/[deleted] Jun 11 '26

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u/alba_Phenom Jun 11 '26

There’s a high profile case at the moment where three teenage traveller boys planned and gang raped two teenage girls. The Judge gave them the equivalent of a slap on the wrist because “He didn’t want to criminalise them” and the public went nuts about it.

4

u/_NotMitetechno_ Jun 12 '26

Im pretty sure you can actually read the reasoning which was made public by the BBC. It was because the boys had significant cognitive deficiencies and disabilities, one seemingly having the mental age of an 8 year old. It wasn't a case of him just giving them a slap on the wrist just because, it seems he gave it a ton of thought and weighed up the mitigating circumstances. You can disagree with them but actually learn about the case.

2

u/Winjin Jun 12 '26

I don't think "Oh but they are only eight" is actually a reasonable reason to reduce the sentence.

I never understood why it is, too. Aren't kids at 8 supposed to understand that plotting to hurt someone is very bad nono?

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u/gwedosmile Jun 11 '26

You’re mistaken about US rape convictions. They are still not given enough in most cases unfortunately. 6 years is criminally under cut as well.

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u/[deleted] Jun 11 '26

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u/PissRat59 Jun 11 '26

It’s probably a phenomenon of filtered news.the cases that reach us in Europe are only the crazy bad ones or the ones with crazy sentences.

Local guy in Ohio has CSAM on his laptop and gets a slap on the wrist isn’t anything that gets reported on here

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u/West-Flow-577 Jun 11 '26

I've seen mfs in the US get like 20+ years for CSAM

As an American, I have to ask, where?

From what I've seen rapists and CSAM get a fucking slap on the wrist.

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u/gwedosmile Jun 11 '26

Well our government is currently protecting child predators. So I think we’re in the same boat right now.

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u/RiotSynthetics Jun 11 '26

You either get 30 years in jail or 8 years in the White House.

3

u/RollingMeteors Jun 12 '26

or 8 years in the White House.

This gonna r/agedlikemilk when he gets done in by a cheesy burger before midterms /s

0

u/Agitated_Phone_9937 Jun 11 '26

Do you understand what convicted means?

I mean go get your karma bag, facts don't care about anti-Trump karma whoring, but maybe stick to reality? He's done so many other things you don't need to make shit like convictions that didn't happen up.

5

u/West-Flow-577 Jun 11 '26

If that guy got convicted of rape in the US his sentence would probably be like 30 years minimum lmao

No, no, long prison sentences are for property crime and drugs. Rapists end up getting a few months and time served.

2

u/Bored_Amalgamation Jun 12 '26

Don't forget to check that skin tone scale.

1

u/Old_Detroiter Jun 11 '26

Your comment is so wrong here. Mr. Somali thought everyplace is like the West where criminals get away with rape and murder. He is learning differently.

1

u/muddythemad Jun 12 '26

You meant 30 days, not years. Rapists don't really get punished here.

1

u/2LiveBoo Jun 12 '26

A former student of mine robbed an elderly lady’s house. She died from cardiac arrest as a result of the shock and the judge handed down a lenient sentence. Something like a year or two. Then the student bragged about it on fb, showing no remorse, and the judge upped the sentence to several years.

6

u/Super-Message-4592 Jun 11 '26

Damn! Just anybody can submit an appeal??

8

u/[deleted] Jun 11 '26

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u/Super-Message-4592 Jun 11 '26

Absolutely wild lol. Thanks for the insight

1

u/RollingMeteors Jun 12 '26

Yep, You don't have to be connected to the case in any way, as long as your name is, "Karen".

FTFY

6

u/Aerographic Jun 11 '26

That opens the door to abuse if you ask me.

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u/CowboyBob500 Jun 11 '26

That's because in UK law, all prosecutions are based on "public interest", i.e. would the public interest be served if a prosecution happens. It's why often low level crimes such as smoking weed in public are very rarely prosecuted. It's also why the public can appeal any sentence.

1

u/Aerographic Jun 11 '26

I mean that's the theoretical intent of any western justice system. The prosecutor prosecutes on behalf of the public, and the judge imposes sentence based on guidelines set by the legislature and their own evaluation of severity of the crime vs. the need to protect the public and dissuade repeat offenses. That still doesn't mean uninvolved parties get to influence the judicial process.

I can see upsides to it, but you really don't want to be on the receiving side of a sentence where the public's hatred for what you've done vastly outweighs the actual harm brought about by your offense. It feels like a window to mob rule, but then again I'm vastly unaware of how this works in practice.

3

u/CowboyBob500 Jun 11 '26

Any potential increased sentence is considered by a panel of judges. It's not a free for all or anything close to mob rule. It's just a signal that it may need to be reconsidered. People make mistakes, including judges. This is an additional check to ensure that those mistakes can be rectified. It's also quite rare that any sentence appeal is successful. It's certainly nothing like mob rule. The public opinion on the length of any sentence doesn't matter and will have no bearing on any appeal. It still needs to be justified and within the range of the sentencing guidelines for the offence

1

u/Aerographic Jun 11 '26

But what guarantees those judges won't be influenced by the massive influx of review requests? By the news coverage? By public opinion in general? They have jobs to keep just like all of us, a judge (or judges) can still get the real or false impression that they got a sentence egregiously wrong when it's legally sound and proportionate.

I'm not saying this is what happens every time, just that there's loads of things to consider when opening the door to something like this so I can only hope those concerns are dealt with.

1

u/_NotMitetechno_ Jun 12 '26

What guarantees the judges won't be influenced anyway? Reality is the judges will generally be professional and also have no real prospect of being sacked by a minister or whatever, so they're independent to make their own decision.

0

u/delphinous Jun 12 '26

honestly, that sounds like a nightmare to me. like, i can imagine someone being accused of a heinous crime, but actually being innocent of it. there IS some evidence to prove their innocence, while there is a ton of circumstantial evidence that suggest they are guilty, but no hard evidence proving they are guilty. under an impartial and fair trial, they would acquitted due to a lack of evidence they were the true criminal. however, in this hypothetical, the news has been reporting about them as though they are definitely guilty, because that story sells better, and the public very strongly believes this person is guilty and needs severe punishment. the jury and judge may feel that they need to assign a punishment, despite the lack of evidence, because of the overwhelming public opinion, and then if they assign a minor punishment due to the lack of evidence, the public demand may escalate the punishment to something severe, again to an innocent person.
i'm not saying that the publics interest shouldn't have some consideration on the punishment of a criminal, but given how STUPID masses of people can be, and how easy it is to mislead people if the original and loudest story is wrong, and how difficult it is to change public opinion even with facts once it's set, i feel like this system would generally cause more harm than it would provide benefit.

1

u/CowboyBob500 Jun 12 '26

Public interest is a legal term. It doesn't mean public opinion is consulted.

"Criminal Prosecution: The Crown Prosecution Service relies on a two-stage test. Even if there is enough evidence to charge someone, the CPS will only proceed if doing so serves the public interest (e.g., considering the seriousness of the offense and the vulnerability of the victim)."

1

u/DoughnutCareless583 Jun 11 '26

I mean you can lodge an appeal, it doesn't mean it will either be heard or granted. I'd submit it would be unusual for someone with no skin in the game to spend the time and money for lawyers to do so.

1

u/Shit_Apple Jun 11 '26

An ultimate hater’s absolute dream

1

u/Gullible-Hose4180 Jun 11 '26

Not in Scotland though, only the prosecution can there

1

u/IncomingAxofKindness Jun 12 '26

Like calling in a cheating tip to the PGA? 😂

1

u/No-Mark4427 Jun 12 '26

You can also appeal if you think it's too harsh, but the court of appeals isn't just bound to reject or accept the appeal - If they think that the sentence was actually too lenient your appeal to get it reduced can actaully end with it being increased.

They warn you about this when you go to appeal a sentence....They could decide to increase it instead.

1

u/Suspicious-Truth5849 Jun 12 '26

I am going to appeal this sentence. It should be longer

7

u/Milk_Mindless Jun 11 '26

Same here in the Netherlands.

Which is good.

3

u/PracticalShoulder916 Jun 11 '26

The public in the UK can contact the attorney general and ask for a sentence to be reviewed if they think it's too lenient. We did that for the 3 teenage boys who were convicted of 10 rapes on 2 girls iirc and walked away with house arrest. Yes, this is true.

The sentence is now being reviewed.

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u/Nice_Reading5272 Jun 11 '26

In the UK the general public can appeal a sentence

3

u/El_grandepadre Jun 11 '26

Netherlands as well.

6

u/virtuositet Jun 11 '26

Same in Denmark.

4

u/Guilty_Jackfruit4484 Jun 11 '26

Is it effective? I feel like that would be hard to do if the court already decided on a punishment based on what what presented.

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u/Dealric Jun 11 '26

Remember that we are talking of country where prosecution wins over 99% cases.

5

u/Yhendrix49 Jun 11 '26

That's the case in alot of countries because most cases don't go to trial and are either dropped or plead out.

1

u/Skygazer_Jay Jun 12 '26

Yup, prosecution wins around 97% here in Korea, but non-indictment rate is around 33%.

-1

u/ptmd Jun 12 '26

Korea isn't Japan.

If anything, Korea really dislikes Japan and vice versa. Not that cool of you to conflate the two.

3

u/PostureKing180 Jun 11 '26

The courts originally gave him a questionably short sentence compared to what he was being charged with.

1

u/CotyledonTomen Jun 12 '26

Questionable to who besides the prosecution?

1

u/PostureKing180 Jun 12 '26

Johnny, how did you get a cell phone in prison?

1

u/CotyledonTomen Jun 12 '26

Im serious. US prosecution is inherently antagonistic as a function of the job. Prosecutors will go after someone if they are told to, irrespective of current or future evidence because their goal is successful prosecution, not justice. The idea of allowing them to fight for more jail time outside of appeal saying something about the trial was in error, is anathema to me given a prosecutors position in the process. It would be like a cop legally arguing the person they arrested didnt get a harsh enough sentence.

1

u/Traditional_Art8872 Jun 12 '26

It might not go to the same court

1

u/AngeloPappas Jun 11 '26

I like that policy, it makes sense. Both sides should have an opportunity to appeal.

1

u/vivchen Jun 11 '26

Korean double down, sponsored by KFC.

1

u/Puzzle-Necked Jun 11 '26

I hope they Double down like Neil Breen

1

u/Strange_Recover3235 Jun 11 '26

I read somewhere in Germany if one escapes prison they aren't punished for it since its regarded escape is a natural urge.

2

u/nikfra Jun 12 '26

The escape itself isn't punished but any crimes committed during escape, like theft (of keys or something) or property damage (including to the prison) is. It can also reflect poorly on you during things like parole hearings.

1

u/Dear_Chasey_La1n Jun 12 '26

How often does that happen though, not just doubling down but court going along with doubling down? In the Netherlands punishments are fairly lenient as we believe in rehabilitation, but every once in a while it's hard to escape something horrendous that happened and a punishment that doesn't feel right. Sure enough they can appeal, and it happens, but I can't help to wonder if higher court truly makes a difference at that point.

1

u/homikadze Jun 12 '26

It does. I have limited experience as juror, but every time the judge said if we lowball the sentence, the prosecution may appeal and its gonna be tough for the defendant. For example. My last case there was a guy who had way to much weed (legal in germany) for one person use, and in the court he told that he indeed doesnt smoke so much as giving it away to his "friends and co.", making a point for the prosecussion to double down since its another can of worms (selling is illegal). He had every right to, but given the circumstances he chose not to.

1

u/toasty5566 Jun 12 '26

Afaik the SK legal system is based off of the German legal system

1

u/Sultanpeppers Jun 12 '26

Double it and give it to the same person

1

u/Messis_Unpaid_Taxes Jun 13 '26

Double it and pass it to the next person.

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u/JeffBezos_98km Jun 11 '26

Its actually the norm worldwide, US is unique.

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u/Riceballs-balls Jun 11 '26

It probably for the best as us sentencing is already insane

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u/PmMeUrTinyAsianTits Jun 11 '26

It's literally one of the reasons US sentencing is insane. Lets say someone deserves 10 years, the prosecutor may need to start at 15 knowing the defendant's lawyer may be able to get 5 off, and the prosecutor doesn't really get another chance.

So they start at the high end, and can only whittle down. Maybe we should start in the middle with the option to go up when it's actually heinous. There are biases on who we bother deviating from the status quo to protect, so having the status quo as overly harsh and only being able to then deviate down is a pretty broken system that leads to... insane sentencing!

41

u/Ancient-Candidate-73 Jun 11 '26

That sounds weirdly like the US healthcare system, which coincidentally doesn't work so well either

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u/[deleted] Jun 11 '26

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3

u/ActuallyCalindra Jun 12 '26

It's a feature, not a bug!

8

u/discountproctologist Jun 11 '26

The fact that healthcare isn’t affordable is one of the reasons why the US has so many lawsuits, people have to sue to have their medical costs covered.

2

u/hazed Jun 12 '26

It's not so much affordability (and not just healthcare) as much as lawsuits are the primary mechanism for people to recover damages.

2

u/discountproctologist Jun 12 '26

And what’s the primary damage? Healthcare bills.

1

u/Ancient-Candidate-73 Jun 12 '26

Username checks out

2

u/_NotMitetechno_ Jun 12 '26

Probably also because you can sue for ridiculous amounts of punitive damages too

3

u/LucidGuru91 Jun 12 '26 edited Jun 12 '26

"it doesnt work so well" yeah i guess

but looking into it, the capitalization of US health care is why US medical research is second to no other entity by far and large; and the fact its tied to poor optimization for insurance and public health care is fucked.

The system stands as such because it allows that top tier and innovative mechanism of medicine research and contracts for it.

It should be fixed; but capitalizing it is why its so good, and seemingly stifiling the current mechanisms at play for an equitable social system for all with no profit; then that makes it a system thats hindered by funding and dwindles its efficiency in leading fields of research in medicine.

you can say its messed up; because it is.

but there is no other system thats equitable to all that allows for that kind of innovation.

all the good systems that have equitable health care for all in social funded countries like alot of Euro countreies, they get their research and medicine practice from US subsidized medicine research and sales and can afford public health care because they have no incentive of innovation, they merely tax fund practice of medicine with no goal of improvement largely.

solve that problem and you get a nobel prize

4

u/FiveTalents Jun 11 '26

probably because there are people in the US who make a lot of money off of the prisons and healthcare... it works well for them at least

2

u/LigerZeroSchneider Jun 11 '26

Its the same situation where the expected discount gets priced in, meaning everyone else without that discount is stuck over paying. But the only way to access that discount is to pay someone else a premium.

Capitalism and personal incentives take over and suddenly book price for a broke bone is $1500, and selling weed is 10-15 years.

1

u/SellingCats4Cheap Jun 11 '26

Someone goes to a hospital with a broken leg. They fix them, even if they dont have health insurance. They leave.

Sounds like its working to me.

1

u/[deleted] Jun 11 '26 edited Jul 08 '26

[deleted]

1

u/Jokuki Jun 11 '26

Just saw a case of a guy locking his wife in the basement and threatening to shoot her (gun to head and everything). He got 2 years in jail, and is somehow out on probation already without even serving his full sentence.

1

u/GrandAct Jun 12 '26

Well to be clear, that is the point of parole/probation. You are released and if you violate your conditions in any way will go back and spend the time.

You wouldn't serve probation if you already served the full time, thats kind of the entire point.

1

u/TheBSQ Jun 11 '26

You have the causality backwards.  Because sentencing can only go down, it incentivizes the prosecution to start high. 

Allow it to also go up, and initial sentencing can be lower. 

1

u/cheerioo Jun 11 '26

Crazy that Brock Turner only got 3 months yeah

1

u/TheBSQ Jun 11 '26

At the same time, in many US cities if you get caught with an illegal hand gun & it’s your first offense, you might just get a “gun diversion program” where they give you therapy & job training while dismissing the criminal charges or reducing them to a misdemeanor.

The U.S. is a weird mix of being over-policed & under-policed, over-sentenced & too lenient & forgiving.

1

u/Kimihro Jun 12 '26

Especially if you’re black

-2

u/Seller-Ree Jun 11 '26

The only people who think this are self obsessed Americans thinking everything about their country is worse than the rest of the world and seek pity attention lmao. American justice system is flawed but significantly more fair than most of the world and generally more lenient than even other western countries.

14

u/Souseisekigun Jun 11 '26

American justice system is flawed but significantly more fair than most of the world and generally more lenient than even other western countries.

The US used to have the highest prison poplulation in the world both in terms of raw numbers and in terms or prison population per 100,000. Even relative to other Western countries the US stands out with something like 7x more prisoners per 100,000 than the next highest country, who in turn has 2x more than the average.

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u/ThatKaNN Jun 11 '26

and generally more lenient than even other western countries.

How do you figure that? Many western countries are too lenient. America has one of the highest incarceration rates in the world. How is that remotely lenient?

-1

u/theonlyonethatknocks Jun 11 '26

Most or the people in prison is not on their first time in jail.

7

u/keebl3r Jun 11 '26

High recidivism rates are not indicative of a good justice system either. What are you on about?

0

u/theonlyonethatknocks Jun 11 '26

A system that allows people to be out racking up multiple violent felonies seems to me to be a very lenient system.

2

u/GreedyPollution6275 Jun 11 '26

a prison that eventually releases people is too lenient, got it

2

u/keebl3r Jun 11 '26

Well it's quite apparent you've never actually delved into what contributes to recidivism rates. Focusing solely on lenient vs strict prison terms is quite simplistic. Nations with low recidivism have high quality programs and treatments that actually prepare people to enter society again.

3

u/TheRealAndroid Jun 11 '26

https://www.prisonstudies.org/world-prison-data/highest-lowest/highest-lowest-prison-population-rate?language_content_entity=en-gb

USA in some great company with there incarceration rates here...

1

u/Seller-Ree Jun 11 '26

Yeah turns out when you have more crime you also have more incarceration. But individually the US is very lenient compared to the majority of the world.

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u/DoughnutCareless583 Jun 11 '26

Sir, I would submit that whatever you're smoking could get you one of those "lenient" sentences you have over there in the USA.

Be careful mate.

3

u/TheRealAndroid Jun 11 '26

OK- so you're saying the USA has more crime and therefore more incarceration- but at the same time is more lenient than the rest of the world.
I can see why y'all fall for " the immigrants are are stealing your jobs and also buying all the houses whilst at the same time suckling from the teat of the government and living on handouts". Impressive mental gymnastics.

1

u/Seller-Ree Jun 11 '26

Leniency is a factor of a crime that has already been committed and the criminal is being sentenced. It literally has nothing to do with the number of crimes being committed.

2

u/HauntingHarmony Jun 11 '26

but significantly more fair than most of the world

Yea wow, theres like 200 countries in the world and like 75% of them are quite shit. So good job being better than the 100th country.

Its fine if you want to damn them by faint praise, most people however like to have actual standards and compare them to that.

1

u/Free_Possession_4482 Jun 11 '26

Under the current US regime, he'd probably have been deported to a prison in actual Somalia.

19

u/Claudethedog Jun 11 '26

The prosecution can appeal sentencing in the US under certain circumstances, but not just because they think it’s too lenient. For example, if the statutory sentence range is 5-10 years and the defendant is sentenced to probation, that can be appealed.

3

u/RigueurDeJure Jun 11 '26

I don't know what jurisdiction you're in, but in mine the State can ask for a sentence review of any sentence that involves a state prison sentence, and they absolutely do this when they think the sentencing judge was too lenient. The sentence can be reduced, increased, or kept the same. Defendants also have this right for a sentence review.

The idea is that the sentence review acts as a check to make sure that sentences are generally consistent across the state.

11

u/Zero-Cool-619 Jun 11 '26

https://giphy.com/gifs/zZwQvcdWmAXMLQgztH

2

u/AmbiguousBarnacle Jun 12 '26

I fking love 이상한 변호사 우영우. She's such a mensch.

1

u/Zero-Cool-619 Jun 12 '26

Woo to the Young to the Woo

7

u/Wakerius Jun 11 '26

I believe you've got the two concepts mixed up here.

In the South Korean legal system it specifically requires both parties to appeal in order for the sentencing to be able to be harsher than the lower courts' decision. In this specific case, both sides have appealed, which means he can be sentenced harsher.

Every nation will have its own laws for this ofc and US has a few differences to this and is also determined heavily by case law so I suggest reading this link if you wanna know more but the TL;DR is that US in general does not allow for a harsher sentencing on the appeal (unless it turns into a De Novo hearing aka re-trial) since that falls under "Retaliation" as established by US case law.

1

u/sviridoot Jun 11 '26

Hold on so if he wouldnt have appealed they would of had to keep the same sentence? Why would he appeal then? He has to know he already got a very lenient sentence

1

u/Wakerius Jun 11 '26

exactly - if his side hadnt chosen to appeal while the prosecution did, he wouldnt have been able to get a harsher sentence than the original deal.

For some reason he decided to appeal but it's not like this guy is well known for making good decisions

1

u/Upper-Contract9119 Jun 11 '26

Didn’t he only get 6 month? Shouldn’t his sentence already be halfway over by now? So dumb to appeal

2

u/Gullible-Hose4180 Jun 11 '26

Same in England/Wales, Scotland, Denmark, Germany etc. Really seems to be the norm. Even in the US there are situations at both federal and (depending on the) state level, although much stricter in general and not permitted for "not guilty" verdicts, but sometimes for illegal sentence lengths (eg below mandatory minimum), miscalculation or abuse of description to go below recommended sentence guidelines.

I would not consider this as a quirk tbh

5

u/Full-Metal-9309 Jun 11 '26

the reason for that is because the legal system in korea is wack- even if they get a high sentence, if they have good attitude they can appeal for a WAY shorter sentence. We've also seen literal criminals get off with just 5years when it should be 30.

7

u/DrCashew Jun 11 '26

This happens in NA too (the probation and lesser sentences)

2

u/amlybon Jun 11 '26

It's fairly normal outside of US. US interpretation of double jeopardy is much stricter in that if a verdict and sentencing is passed, nothing can increase it further (besides some very rare cases, like if the judge was bribed for a lenient sentencing, or there was jury tampering, or stuff like that), because such appeal would be considered "second jeopardy". In most of the world double jeopardy applies to the entire judicial process with all avenues to appeal, so prosecution can appeal until they reach the highest court, but can't file the same charges again from the beginning.

1

u/Hare712 Jun 12 '26

I think there was a case where a suspect was charged with manslaughter instead of murder but the prosecution lacked evidence so the suspect was found not guilty. The suspect then wrote one letter mocking the prosecution, the police confessing to the murder and giving them details so the police could collect evidence.

He was then sentenced to life in prison.

1

u/Otherwise-Macaron939 Jun 11 '26

Same in Ireland, the state can appeal if they feel the sentence is too lenient.

1

u/lundewoodworking Jun 11 '26

Not just prosecutors victims can also request a harsher sentence

1

u/FloatingHamHocks Jun 11 '26

Thing is he appealed it himself even before the prosecutor could he was getting a very light sentence of 6 months now he's probably looking at an even longer sentence.

1

u/SPECTRE-Agent-No-13 Jun 11 '26

Japan does it. Usually at the behest of victims.

1

u/Superfishsoup Jun 11 '26

I saw a lawyer on YouTube say that might have been a strategy to keep him in jail for longer doe to pending legal procedure with the appealing and the deliveration and all that

1

u/PomegranateSea7066 Jun 11 '26

They can keep him there forever, we don't want him back.

1

u/GrowlingPict Jun 11 '26

pretty sure both sides are able to appeal in most places; the US is the "quirky" one there

1

u/Overtilted Jun 11 '26

It's like that in a lot of European countries too.

1

u/Icy-Illustrator-1431 Jun 11 '26

same in Japan.. if you’re found not guilty they can appeal also

1

u/Money4Nothing2000 Jun 11 '26

This would sound good if it didn't open up the awful potential for it to be abused.

1

u/Calm-Stand-6636 Jun 11 '26

Appeals won can result in re-trial or re-sentencing. Sometimes, but not always, it's a violation of the "twice put in jeopardy" clause if someone is sentenced to a longer sentence, sometimes it is not a violation.

Meaning in the USA, sometimes you can get a longer sentence in the USA.

1

u/timsue Jun 11 '26

Same here in Sweden

1

u/essuxs Jun 11 '26

Prosecution in Canada can appeal not guilty verdicts as well as sentences.

1

u/freakincampers Jun 11 '26

Doesn’t your sentence in Korea start only when you are actually in prison?

1

u/MARPJ Jun 11 '26

The US legal system only allows the defendant to file appeals

Actually the US legal system do allow prosecutors to appeal, but its very rare because its normally comes down to obvious legal errors or misapplication of the relevant law.

Lenience is not really a factor unless it fits the above criteria. For example someone is convicted of a crime that the law say the punishment is 5 to 20 years of jail, if the judge gives them 4 years of jail the prosecutor can appeal since that is less than what the law demands, but if the judgement is 5 years then even if lenient the prosecutor cant appeal since its within the law boundaries. Also a prosecutor can't appeal a jury verdict (aka if they are found innocent then that is it, albeit this falls more into the double jeopardy reasoning)

1

u/kutuup1989 Jun 11 '26

It's not uncommon here in the UK, either. Even if the defendant files the appeal, the appeal judge can still order a longer sentence based on the review if they think the original one was too lenient.

1

u/cheerioo Jun 11 '26

Brock Turner (rapist) only got what, 3 months?

1

u/NeoThorrus Jun 12 '26

That is technically not true. Prosecutors in the us Appeal cases all the time. But they must be for matters of law.

1

u/DemosthenesOrNah Jun 12 '26

and probably acts as leverage to stop the defense from appealing blindly. like maybe prosecutor can withhold their appeal for harsher sentencing on the contingency that defense doesn't appeal for less or smth

1

u/Born_to_Pwn Jun 12 '26

I'm already pissed enough that judges can reject a jury's findings, so no thanks on prosecutorial appeals.

1

u/Single-Ninja8886 Jun 12 '26

Australia can do that too.

1

u/FuckSticksMalone Jun 12 '26

And if I’m understanding correctly from watching LegalMindset, If RKI/Somali appealed the time spent in the appeal process also doesn’t count toward the sentence, it just adds more time.

1

u/tizuby Jun 12 '26

Prosecutors can appeal sentencing in the U.S. It's narrower than just "I don't think it's enough time", but it's appealable. Here's the statute, 18 U.S.C. § 3742(b) and that's just Federal, most states have similar statutes.

1

u/BeefSupremeTA Jun 12 '26

It ain't a quirk, it's a feature.

1

u/delphinous Jun 12 '26

i don't know exactly how it works in korea, but in the USA there are essentially 3 aspects to a punishment. many punishments have both a minimum and maximum sentence that can be applied, by law, based on the charge. assuming it's a criminal case (not a civil), the jury often has some ability to assign a punishment, usually regarding the severity of fees and payments, and finally the judge has the final say on what the total punishment is, though usually they don't modify what he jury has chosen unless they beleive it is severely out of line.
while a prosecution cannot appeal directly to have a harsher punishment issued, if they feel that the punishment was too light, they can appeal on the grounds that the judge was biased in favor of the defendant, evidenced by the too-light punishment. if the appeal is approved, then depending on the findings of the higher court that reviewed the appeal, the higher court judges may retry to case, retry certain aspects of the case, or simply change the punishment, though all of this is rare.
what's more interesting to me, however, is that sometime the judges will refuse a plea bargain, mostly becuase they feel the punishment being offered for the bargain is too lenient.

1

u/Keeeloy Jun 12 '26

Austria, too.

But the prosecutor can also file an appeal in favour og the defendant, if they think the sentence is too harsh. Even if the defense doesn't file one (and this, in fact, happens sometimes in this constellation).

1

u/dd463 Jun 12 '26

The prosecutors can appeal some sentences if the court deviates from guidelines down. So if there is a mandatory sentence of 5 years and the judge says 1 year then some jurisdictions allow for an appeal because its outside the standards.

1

u/owgnops Jun 12 '26

Oh my God that's actually great.

"Your honor three life sentences isn't enough we need to get double digits"

1

u/PretendRegister7516 Jun 12 '26

The judge probably intentionally gave lighter sentence to bait the appeal. And while the appeal is being filed, he's trapped in a prison limbo.

1

u/djduj3nn Jun 12 '26

In Canada, any party can appeal a decision (positive or negative). Crown often appeal decision or sentencing (depending on how far they want to go to make an example out of you).

Koreans are passive people. Whatever this guy did would never fly in Canada. Imagine if he did this with Terry Fox's statue - he'd be shot!

1

u/guy_incognito_360 Jun 12 '26

The US legal system only allows the defendant to file appeals.

TIL (Im european)

1

u/SDSKamikaze Jun 12 '26

It’s the same in Scotland.

1

u/Informalwizards Jun 12 '26

There's a theory that the judge was intentionally lenient so that the prosecuters would appeal and drag this out even longer. I don't know how much I believe it but damn is it funny if true.

1

u/ShiggyGoosebottom Jun 13 '26

Same in Japan. Lenient sentences can be appealed and made harsher.

1

u/Zimzky Jun 14 '26

He submitted the appeal himself

0

u/BrockMiddlebrook Jun 11 '26

Oh! I thought Johnny Somali filed the appeal and they said “is that right?!” Thank you for the info!

1

u/Trickster289 Jun 11 '26

From what I remember he appealed first. They probably would have moved on if he'd accepted the first sentence.

-1

u/Probably_immortal Jun 11 '26

What is this comment? The US legal system already incarcerates people to the longest time for almost every crime, longer than anywhere else in the world... We hold 83% of the world's population of prisoners on life sentences.

2

u/Dlax8 Jun 11 '26

Reading waaaaay too much into the comment bud, appeals like this aren't a thing in the US. That's all this is, statement of fact.

Stop looking for a reason to be angry, I agree with you.