'Fellow Inmate Murder' 20s Prisoner Sentence Reduced from Death Penalty in 2nd Trial... Supreme Court Rules "Sentencing Unjust"

1st Trial: Life Imprisonment → 2nd Trial "Assault for Fun" Death Sentence
Supreme Court: "Sentence Heavier Compared to Similar Cases, Unfair"

A man in his 20s who was sentenced to death in the second trial for assaulting a fellow inmate to death received a reduced sentence in the Supreme Court. Since confirming a death sentence in February 2016, the Supreme Court has not issued any death sentences for seven years.

The Supreme Court's Second Panel (Presiding Justice Min Yu-suk) on the 13th overturned the death sentence in the appeal trial of Lee (28), who was charged with murder, special forcible molestation, special injury, special assault, habitual assault, and assault, and remanded the case to the Daejeon High Court. Lee had already been sentenced to life imprisonment in 2020 for robbery-murder.

Regarding two other inmates, A (29) and B (21), who participated in assaulting and killing the fellow inmate with Lee, the Supreme Court upheld the original sentences of 12 years and 14 years imprisonment, respectively.

Lee and others were tried on charges of repeatedly assaulting and killing fellow inmate C at Gongju Prison in December 2021. It was investigated that Lee prevented C from taking his heart medication for about 20 days and caused burns by placing a hot water bottle on his head.

A and B were found to have left the victim unattended for about 40 minutes, taking turns keeping watch or discussing countermeasures while C lay collapsed after being struck in the chest area.

The first trial sentenced Lee to life imprisonment. A and B were recognized as accomplices to murder and sentenced to 2 years and 6 months and 5 years imprisonment, respectively. The second trial stated, "All defendants inflicted violence on the victim for over half a month for stress relief and simple amusement, causing death," sentencing Lee to death and A and B to 12 and 14 years imprisonment, respectively.

However, the Supreme Court judged that the death sentence for Lee was excessively harsh and unjust. The court stated, "Considering the criteria for selecting the death penalty and the general balance of sentencing in similar cases, the original court's choice of the death penalty for Lee involves a legal error regarding the requirements for selecting the death penalty and insufficient examination, constituting a clear reason to recognize the sentence as severely unjust."

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