by Lee Seryeong
Published 22 Jan.2025 17:59(KST)
Updated 01 Aug.2025 14:24(KST)
A man in his 20s who was sentenced to prison in the first trial for breaking into his ex-girlfriend’s house and assaulting her to death denied the charges again in the appeal trial.
The Changwon Division of the Busan High Court Criminal Department 1 (Judges Min Dalki, Kim Changyong, Kang Youngsun) held the first appeal hearing on the 22nd regarding the so-called ‘Geoje Dating Violence Death Case.’
The defendant A’s side appealed on grounds of factual error, legal misinterpretation, and excessive sentencing, while the prosecution appealed citing excessive sentencing.
Earlier, A was indicted for breaking into the home of his ex-girlfriend B, a woman in her 20s, on April 1 last year, assaulting her by climbing on top of her while she was sleeping, hitting her head and face, strangling her, and violently beating her, which led to her death. He was sentenced to 12 years in prison in the first trial.
Due to A’s assault, B suffered severe injuries including traumatic subdural hemorrhage with a recovery period of six weeks. While receiving treatment at the hospital, she passed away after 10 days from systemic inflammatory response syndrome caused by head trauma.
After starting a relationship with B, a high school classmate, in 2022, A repeatedly committed acts of violence. Even after breaking up with B shortly before the incident, he called her 14 times and, when she did not answer, went to her residence.
At the first hearing, A’s defense attorney stated, “We admit to the trespassing, but deny the charge of injury resulting in death, as there was no foreseeability of death, and the stalking charge does not apply, so the sentence is too harsh.”
When the court asked A, “Do you agree with this opinion?” he expressed his agreement.
The victim B’s legal representative also took the floor to urge for a severe punishment against A.
B’s attorney said, “A, who is 180 cm tall and weighs 72 kg with a strong physique, climbed on top of sleeping B and beat her unilaterally for 30 minutes. He strangled her until she lost consciousness and then loosened his grip repeatedly until she lost consciousness,” adding, “A gave a vivid statement about this to the investigative authorities.”
“The head, including the eyes and skull, is a vital area. Anyone can foresee that a physically strong man hitting a woman’s head for 30 minutes could endanger her life,” he added.
He further emphasized, “Due to A’s assault, B suffered severe headaches with auditory and visual hallucinations every day until she passed away. Although the defense claims there was a time gap between the assault and death, this is within the typical pattern of traumatic brain injury.”
The prosecution applied to call B’s father as a ‘sentencing witness’ on this day, but the court rejected the request, asking to replace it with a written petition.
A sentencing witness is a witness whom the court refers to in determining the severity of punishment and can be selected and examined by the court’s authority or upon request by the prosecution or defense.
The defense also requested again for a fact inquiry from the hospital where the victim was treated until her death, which had not been obtained by the first trial’s final hearing.
The court decided to adjourn the trial once to await the response to the fact inquiry.
The next hearing is scheduled for March 5.
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