Gwangjin-gu Club Assault Convicts... Appeal Claims '9-Year Sentence Is Excessive'
Three Taekwondo Black Belts File Appeal in Gwangjin-gu Club Assault
Prosecutors Also Appealed on the 30th of Last Month
[Asia Economy Reporter Lee Jung-yoon] Three Taekwondo black belts who were sentenced to heavy prison terms for collectively assaulting a man in his 20s at a club, resulting in his death, have all filed appeals. Their attorneys have argued that there was no intent to kill and that applying murder charges is excessive. The prosecution also appealed the first trial's verdict, and now the case has moved to the second trial court.
The defendants, who were indicted on murder charges and sentenced to nine years in prison in the first trial, submitted their appeals to the Seoul Eastern District Court on the 1st. They have maintained that there was no intent to kill. Since the assault lasted less than a minute and was impulsive, they argue that murder charges are inappropriate.
In response to these claims, the prosecution insisted that there was implied intent to kill. The defendants were initially detained on charges of injury resulting in death, but the prosecution judged that there was intent in the crime and indicted them on murder charges. The prosecution stated, "The defendants focused their attacks on the victim’s vital areas, including the head and upper body, and left the unconscious victim behind before fleeing the scene," adding, "They must be held jointly responsible as accomplices to murder for the victim’s death." At the sentencing hearing, the prosecution requested 12 years imprisonment for each of the three. The prosecution filed an appeal on the 30th of last month.
All defendants are 4th Dan Taekwondo black belts. On the early morning of January 1, in a club in Gwangjin-gu, they assaulted the victim after a dispute. They approached the victim’s girlfriend at the club, which led to a quarrel and physical fight with the victim. When staff intervened, they went outside, knocked the victim down, and assaulted him by kicking his face. The victim ultimately died from a cerebral hemorrhage.
Earlier, on the 25th of last month, the 12th Criminal Division of the Seoul Eastern District Court (Presiding Judge Park Sang-gu) sentenced Kim (21), Lee (21), and Oh (21), who were indicted on murder charges, to nine years in prison.
The court explained the sentencing rationale, stating, "The crime is serious as the defendants kicked the victim’s head as if kicking a soccer ball while he was collapsed, and the circumstances after the crime are unfavorable as they left the scene without taking any measures," and "It is recognized that the defendants had implied intent to kill."
The court also ruled, "All defendants have professionally trained in Taekwondo, and their kicks and other attacks are significantly more dangerous than those of ordinary people," adding, "Having experienced such cases in Taekwondo competitions, the defendants must have been fully aware of the strength and danger of their strikes."
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It further stated, "However, considering that the defendants were somewhat intoxicated and acted in a moment of rage following the dispute, and that this is their first offense, the sentence was determined accordingly."
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