Brutal Murderers File Consecutive Appeals... Despite Risk of Harsher Sentences, They Dispute the Verdicts

Reduced sentence due to mental weakness and victim settlement
Expert: "Appeal trial is only favorable to the defendant"

[Image source=Yonhap News]

[Asia Economy Reporter Yoo Byung-don] Kim Mo (31), who was tried for killing three family members including his parents and older brother at his home in Mok-dong, Yangcheon-gu, Seoul, in February this year, filed an appeal with the court on the 17th, dissatisfied with the 35-year prison sentence handed down in the first trial. The Criminal Division 14 of the Seoul Southern District Court (Chief Judge Kim Dong-hyun) conducted Kim's sentencing hearing on the 13th and sentenced him to 35 years in prison along with an order to wear an electronic tracking device for 10 years. The court stated, "Since he was not in a sound mental state, it is difficult to hold him 100% responsible for the outcome," and "legally, a reduction due to diminished mental capacity should be applied," showing leniency.

Initially, the prosecution sought the death penalty for Kim, and when the court asked for his opinion on the prosecution's demand, Kim calmly replied, "Is it the death penalty? I understand." Throughout the trial, Kim appeared confident and showed no signs of guilt or remorse, but after receiving a heavy sentence in the first trial, he filed an appeal citing the severity of the sentence as the reason.

Earlier, it was confirmed that Park Mo, a man in his 40s who was indicted for killing a female neighbor in Deungchon-dong, Gangseo-gu, Seoul, to raise moving expenses, also appealed the first trial verdict. Park, who was living on basic living benefits, was forced to leave his apartment in Deungchon-dong, Gangseo-gu, after his mother passed away. He was arrested and indicted on charges of killing neighbor A, whom he had known through his mother, to raise moving expenses.

During the trial, Park consistently claimed that the crime was accidental, stating, "When the victim entered the house, the defendant hid his body. If there had been an intention to kill, there would have been no reason to hide," and "The defendant hoped the victim would leave again, but since that did not happen, a regrettable situation occurred." However, the court sentenced him to 27 years in prison, stating, "Since the defendant killed the victim whom he usually called 'aunt,' this crime must be severely punished," and Park filed an appeal two days after the first trial sentencing.

[Image source=Yonhap News]

Choi Mo (42), a Chinese national who assaulted a stranger with a road curb stone while under the influence of methamphetamine, causing death and robbing valuables, also appealed after being sentenced to 35 years in prison in the first trial. Throughout the trial, he claimed diminished mental capacity, but unlike Kim mentioned earlier, the court did not accept this and imposed a heavy sentence, leading to his appeal.

Cases where defendants who committed brutal crimes such as murder appeal the first trial verdict continue unabated. Most aim to contest diminished mental capacity or other factors in the second trial or to receive reduced sentences through settlements with victims, as in Choi's case.

However, not all appeals result in reduced sentences. For example, Jo Hyun-jin (28), who was sentenced to 23 years in prison in the first trial for brutally killing his girlfriend who had broken up with him, had his sentence increased to 30 years in the appeal trial. The appellate court at the time stated, "The original sentence was too light," overturned the original ruling, and imposed the maximum fixed-term imprisonment excluding aggravated punishment.

Professor Bae Sang-hoon of the Department of Police Science at Woosuk University said, "In most cases, appeals result in reduced sentences or maintenance of the original sentence, and cases where the sentence is increased are extremely rare, perhaps one in ten," adding, "From the defendant's perspective, it is time to seriously consider the current Korean judicial system where there is no disadvantage in proceeding with an appeal."

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