Representative's side says "Injury, not stick murder"... Prosecution proceeds with 'murder' charge

The representative of a children's sports center, accused of killing an employee by damaging their organs with a 70cm rod, is being transferred to the prosecution at Seodaemun Police Station in Seoul on the 7th. Photo by Jinhyung Kang aymsdream@

[Asia Economy reporters Seongpil Cho and Gyumin Oh] The prosecution has announced its intention to secure a guilty verdict on murder charges in the trial of the 'Stick Murder Case,' maintaining the original charge of murder. This strategy is a direct counter to Han Mo (40), the sports center owner, who declared at the first hearing that he would plead not guilty, arguing the charge should be special injury rather than murder. Although proving murder in a criminal trial is challenging and could result in an acquittal, the prosecution is confident, stating, "The evidence is clear."

Prosecution: "Evidence of murder is clear... No change to indictment"

A representative from the Seoul Western District Prosecutors' Office told Asia Economy on the 12th, "There will be no amendment to the indictment to add charges such as injury resulting in death or special injury as alternative charges," adding, "The evidence for murder is quite clear." Alternative charges are applied if the primary charges are rejected. Typically, prosecutors file alternative charges as a kind of 'insurance' when there is concern about insufficient evidence for the primary charge, but in this case, such measures are deemed unnecessary.

Earlier, Han's defense attorney stated at the first trial held on the 10th at the Seoul Western District Court Criminal Division 12 (Presiding Judge Andongbeom), "The defendant had consumed more than three times his usual amount of alcohol at the time," and "The defendant only admits to the acts described in the indictment." The defense further argued, "If the defendant had called 119 and the police who arrived had provided aid to the victim, the victim might not have died," and "There is no causal relationship between the victim's death and the defendant's actions."

Han's side: "Special injury, not murder... Police caused death"

Under criminal law, two conditions must be met to establish murder: there must have been at least a minimal intent to kill, and the act must be proven beyond reasonable doubt to have caused the victim's death. The burden of proof lies with the prosecution. In this context, Han's defense argued at the first hearing that neither condition is met, citing the defendant's alcohol consumption, the 119 call, and inadequate initial police response.

According to the defense, Han should be held responsible for special injury rather than murder. They also implicitly denied the applicability of injury resulting in death by disputing the causal link between the act and the death. Injury resulting in death applies when the victim dies due to the act but without intent to kill. However, the prosecution has stated it will not consider filing alternative charges for injury resulting in death or special injury, setting the stage for intense legal battles ahead. If the prosecution fails to prove intent and causation, Han could be acquitted.

Who killed him... First witness examination next month

The court plans to summon two police officers who responded to the scene as witnesses at the next hearing to question them about the situation at the time. This will be the first opportunity to assess the credibility of the defense's claim that "if the police had taken appropriate initial action, the victim might not have died." The examination is scheduled for the 7th of next month.

Han was indicted for repeatedly hitting employee A's head and body dozens of times and stabbing him with a plastic rod approximately 70 cm long and 3 cm thick at the sports center he operates on December 31 last year, causing organ rupture and death. Around 2 a.m., during the crime, Han reportedly called the police, claiming "a man is hitting my sister," but denied the report when police arrived. The police found the victim lying with his lower body exposed, covered him with clothing, checked his pulse and body temperature by placing a hand on his chest, judged there was no life-threatening condition, and left the scene.

This content was produced with the assistance of AI translation services.