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More serious than negligent homicide… Suspects: "Assaulted 3-4 times with fists only, attempted to separate them"
Two suspects in the assault and death of director Kim Chang-min have been arrested and indicted. [Photo: Yonhap News]
The Homicide Division 2 (Chief Prosecutor Park Shin-young) of the Namyangju Branch of the Uijeongbu District Prosecutors' Office, which is handling the case, announced on the 21st that it has arrested and indicted Lee (32) and Im (32) on charges of murder and violation of the Act on Welfare of Persons with Disabilities.
Lee and others are accused of dragging Director Kim into an alley outside a restaurant in Guri City, Gyeonggi Province, around 1 a.m. on October 20 last year, and beating him severely with fists and feet, causing his death, following an argument over noise.
They are also accused of emotionally abusing Director Kim, such as by assaulting him in front of his son, who has a developmental disability, causing him to become frightened.
The case was initially sent for investigation on charges of assault resulting in death, but the prosecution, after further investigation, determined that the defendants foresaw Director Kim's death at the time of the assault and thus applied charges of murder.
The legal penalty for assault resulting in death ranges from 3 to 30 years in prison, while murder carries a heavier penalty of death, life imprisonment, or imprisonment for 5 years or more.
However, the prosecution stated that the five companions present at the scene at the time intervened to stop the assault and there was no evidence of them instigating the crime or creating a conducive atmosphere.
The late Director Kim Chang-min. [Capture from Director Kim Chang-min's SNS. Reproduction and database prohibited]
Director Kim lost consciousness after being assaulted and was transported to the hospital by the 119 emergency services, but never regained consciousness. He was declared brain-dead 17 days later, and his organs were donated to four recipients before his death.
Initially, the police applied for arrest warrants for the suspects twice and once, respectively, but the court rejected them, citing "no risk of flight." Consequently, they were sent for investigation on charges of assault resulting in death without detention.
Following the initial report by Yonhap News that revealed the cause of Director Kim's death, public outrage surged, especially after the CCTV footage of the assault was released, leading to controversy over the police's inadequate investigation.
The prosecution, upon receiving the case, formed a dedicated investigation team and conducted supplementary investigations, including questioning Director Kim's son with a developmental disability as a witness, and searching and questioning the suspects' homes and mobile phones. Last month, on the 28th, they re-applied for arrest warrants, adding charges of violating the Act on Welfare of Persons with Disabilities.
Ultimately, on the 4th, Judge Oh Deok-sik of the Uijeongbu District Court, Namyangju Branch, who handles warrant applications, issued the warrants, citing "risk of flight and destruction of evidence." The suspects were arrested six months after the incident occurred.
During the supplementary investigation, the prosecution analyzed approximately 3,000 call recording files of the suspects and confirmed statements such as, "I had to kill him with my own hands because he was holding a weapon and showed no remorse. I had a trauma related to weapons and all I could think about was killing Director Kim." This was considered as the motive and intent for murder.
Uijeongbu District Prosecutors' Office, Namyangju Branch. [Photo: Yonhap News]
Furthermore, after Director Kim's death without an autopsy following organ donation, the prosecution obtained opinions from five medical experts who reviewed his brain CT scans, concluding that "death resulted from brain damage caused by repeated and forceful external impact to the head and face, to a degree that directly endangered his life."
They also received forensic medical examination results stating that it would have been difficult for Director Kim to defend himself against Im's indiscriminate attacks because his consciousness had deteriorated after Lee choked him from behind.
On the 11th, based on these investigation findings, the Citizens' Committee for Prosecution unanimously resolved that the suspects had the intent to murder and acted as co-principals.
The prosecution indicted them on murder charges, reflecting the committee's opinion.
However, Lee admitted only to hitting Director Kim with his fists three to four times during the prosecution's interrogation and denied the remaining charges. Im claimed he was trying to separate Lee and Director Kim.
A prosecution official stated, "We have provided support to the victim's family, including funeral expenses, medical expenses, emergency living stability funds, and legal fees for the appointment of a guardian for Director Kim's son. We will maintain the prosecution in court to ensure a severe sentence commensurate with their crimes."
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