Supreme Court Confirms Life Sentence for Serial Killer Kwon Jae-chan... Prosecutor's Death Penalty Request Rejected

"Life Imprisonment, Unable to Appeal Due to Sentence Being Considered Light"

Kwon Jae-chan (54, male), who was tried on charges of consecutively murdering middle-aged men and women within two days, was also sentenced to life imprisonment on the same day.

The Supreme Court's First Division (Presiding Justice Kim Seon-su) upheld the life sentence in the appeal trial of Kwon Jae-chan, who was indicted on charges including robbery-murder, special theft, and corpse disposal.

On December 14, 2021, Kwon Jae-chan leaving Michuhol Police Station in Michuhol-gu, Incheon, heading to the prosecution.

The court stated the reason for dismissing the appeal, saying, "There is no error in the lower court's judgment that violates the rules of logic and experience, exceeds the limits of free evaluation of evidence, or misinterprets the legal principles regarding the establishment of robbery-murder."

Regarding the prosecutor's appeal arguing that the death penalty should be imposed, the court said, "Even in cases where the defendant is sentenced to death, life imprisonment, or imprisonment or detention for ten years or more, under the interpretation of Article 383, Paragraph 4 of the Criminal Procedure Act, the prosecutor cannot appeal solely on the grounds that the sentence is excessively light."

Article 383 of the Criminal Procedure Act, which stipulates the grounds for appeal, enumerates reasons for a convicted defendant to appeal, including ▲violation of the Constitution, laws, orders, or regulations affecting the judgment (No. 1), ▲abolition or change of sentence or pardon after judgment (No. 2), and ▲grounds for retrial (No. 3). Paragraph 4 specifies that in cases where the death penalty, life imprisonment, or imprisonment or detention for ten years or more is imposed, an appeal can be made if there is a significant factual error affecting the judgment or if there is a clear reason to recognize that the sentence is grossly unfair.

Kwon Jae-chan was tried on charges of strangling a woman in her 50s, Ms. A, whom he had known for some time, to death in an underground parking lot of a commercial building in Michuhol-gu, Incheon, on December 4, 2021, just 3 years and 8 months after being released from prison after serving 15 years for murder. He then disposed of the body in the trunk of a passenger car and stole belongings worth about 11 million won, including Ms. A's diamond ring, gold necklace, and cash.

Additionally, Kwon Jae-chan involved his coworker Mr. B, who withdrew 4.5 million won in cash using Ms. A's check card on the day of the incident. The next day, under the pretext of burying Ms. A's body, he lured Mr. B to a hill near Eulwang-ri, Jung-gu, Incheon, then killed him by striking with a blunt weapon and secretly buried the body.

Investigations revealed that Kwon Jae-chan, burdened with debts exceeding 90 million won due to gambling losses, was sued by creditors for fraud and became a credit delinquent, suffering financial difficulties. He targeted Ms. A, whom he met at a gambling venue, and planned the crimes.

The first trial recognized the charges of robbery-murder and others as guilty, sentenced him to death, and ordered the attachment of an electronic tracking device for 30 years. However, the second trial court judged that it was difficult to conclude that Kwon had planned and prepared the murders of the victims in advance, and sentenced him to life imprisonment.

The second trial court stated, "The death penalty is an extremely exceptional punishment that permanently deprives human life itself and should only be imposed when there are clear special circumstances. While it is acknowledged that the defendant planned the robbery, it is difficult to definitively conclude that he planned the murders as well."

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