Retrial Decision for Cheongsan-gari Makgeolli Murder Case... Mother and Daughter Defendants Released After 15 Years
A retrial decision has been made for a father and daughter who were convicted 12 years ago in Suncheon, Jeonnam, for the 'Cyanide Makgeolli Murder Case.'
According to the legal community on the 5th, the 2-2 Criminal Division of the Gwangju High Court (Presiding Judge Oh Young-sang) made a retrial decision on the 4th for Baek (74) and his daughter (40), who were serving sentences after being convicted of charges including parricide, murder, and attempted murder.
With the retrial underway, the court decided to suspend the execution of the sentences for the Baek family until the retrial verdict is finalized.
The court explained the reason for the retrial decision, stating, "Among the reasons for the retrial petition, we accepted the claim that the prosecutor’s assertion of abuse of authority and obstruction of justice during the suspect interrogation process, as well as the newly discovered CCTV footage related to the cargo truck collected during the initial police investigation, constitute clear evidence of innocence."
The Baek family was indicted for killing two people, including Baek’s wife Choi, who drank Makgeolli laced with cyanide on July 6, 2009, in Suncheon, Jeonnam, and seriously injuring two residents. Their sentences were finalized by the Supreme Court in 2012.
Although the first trial resulted in a not guilty verdict, the appellate court sentenced A to life imprisonment and B to 20 years in prison, and the Supreme Court confirmed the verdict in 2012.
However, controversies arose regarding the timing and circumstances of obtaining cyanide, the fact that cyanide was detected in the Makgeolli but not found at the scene, the absence of cyanide components in the spoon allegedly used to add cyanide to the Makgeolli, the apparent forgery of the Makgeolli supply ledger copy, and issues such as recanted statements and forced confessions.
In response, the Baek family appealed for justice and filed for a retrial in 2022, ten years after the Supreme Court’s final ruling.
Park Jun-young, the legal representative for the Baek family, emphasized the necessity of the retrial, stating that the signatures were obtained on "fabricated statements without physical evidence," and that inducement and false confessions were forced during the investigation process.
The court judged that a review of the source and other aspects related to the crime tool, the "Makgeolli," was necessary and decided to commence the retrial.
Regarding the prosecution’s facts, Baek was recorded as stating that he purchased three bottles of Makgeolli at the market after finishing work at 6 p.m. on July 2 while driving a cargo truck, but it was reported that the CCTV footage did not capture the cargo truck.
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The court ruled, "Considering the newly discovered police CCTV evidence of the cargo truck related to the 'Makgeolli purchase,' the defendant’s statements organically connected to this, and the prosecutor’s suspect interrogation that contradicts these, it is reasonable to conclude that the parts concerning murder and others cannot be upheld beyond a level of reasonable doubt."
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