"If I'm going to prison anyway, I'll get media coverage"... Man who threatened ex-girlfriend sentenced to 6 years in prison on appeal
Sentenced to 4 Years in First Trial... Increased to 6 Years on Appeal
"Studied Murder by Watching YouTube"... Locked in Car and Threatened with a Weapon
Court Rules "Miranda Rights Were Given and Revenge Motive Confirmed"
A man in his 30s who harbored resentment against his ex-girlfriend, who had accused him of assault, and subsequently trespassed, confined, and threatened her, was sentenced to six years in prison in the appellate court.
View original image[Asia Economy Culture Young Intern Reporter] A man in his 30s who confined his ex-girlfriend, who had accused him of assault, in a vehicle and threatened her with a weapon was sentenced to four years in prison in the first trial, but his sentence was increased to six years in the appeal trial.
According to the local legal community on the 30th, the Daejeon High Court Criminal Division 3 (Presiding Judge Jeong Jae-o) overturned the original verdict and sentenced A (37) to six years in prison. A had been sentenced to four years in prison in the first trial on charges of attempted murder, violation of the Act on the Aggravated Punishment of Specific Crimes (retaliatory confinement, retaliatory threats), and trespassing.
On November 29 last year, at 7:18 p.m., A entered the home of his ex-girlfriend B (37) in Yuseong-gu, Daejeon, after B’s acquaintance opened the front door while returning home. He hit the acquaintance’s face and then broke into B’s house, assaulting B multiple times.
He then threatened B with a weapon and forcibly made her get into his vehicle, where he also tied her up. The vehicle contained weapons and tools that A had prepared to kill B.
While driving around the Daedeok-gu area, A reportedly told B, "I have been studying on YouTube for a month on how to stab someone to kill them," and "I practiced by buying pig skin and also practiced with a blanket." He was also charged with threatening, saying something to the effect of, "If I’m going to prison anyway, I might as well make a big media splash."
It is reported that A committed this crime out of resentment after B refused his request to withdraw the assault charges she had filed against him earlier that month.
The first trial court sentenced him to four years in prison, stating, "The defendant harbored resentment over the victim’s accusation and prepared tools for murder in advance, then tied her up and confined her in a vehicle while threatening her." However, A appealed the verdict.
In the appeal trial, A claimed that he was not informed of his Miranda rights at the time of arrest and that his actions were not retaliatory.
However, the appellate court ruled that the police promptly informed A of his Miranda rights after subduing him at the scene and judged, based on the evidence submitted, that the act was indeed retaliatory.
The court also stated, "The defendant committed the crime because the victim, designated as a person under personal protection due to continuous assault, threats, and stalking, filed a complaint and tried to break up with him. Fortunately, the police quickly arrested the defendant after receiving the report, but if they had been a little late, a tragic outcome could have occurred."
Furthermore, "The victim fears that the defendant will commit retaliatory crimes not only against her but also her family after his release. The adult recidivism risk assessment tool scored 21 points, indicating a 'high' risk of reoffending. Considering the victims’ petitions for severe punishment and the lack of efforts for victim recovery, the original sentence is deemed too light and unfair," the court ruled.
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Meanwhile, it is known that from November 19 to December 2020, A sent multiple threatening text messages to another woman who had lived with him but was now separated, threatening to harm her physically.
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