"Suncheon teen murder." Park Dae-sung... "Scary smile after the crime."

2024.10.03 오후 04:41
■ Host: Anchor Na Kyung-chul and Anchor Yoon Bori
■ Starring: Lawyer Son Jeong-hye

* The text below may differ from the actual broadcast content, so please check the broadcast for more accurate information. Please specify [YTN Newswide] when quoting.

[Anchor]
The personal information of the suspect who killed a teenage woman on the road with a weapon in Suncheon, Jeollanam-do, has been released.

I'm 30-year-old Park Dae-sung. After the crime, he was seen walking around the street with a barefoot smile, sparking outrage. Let's look at the legal issues in various incidents. I will be with lawyer Son Jung-hye.

On the 26th of last month, a high school girl was killed by an unknown person in Suncheon. This sad thing happened when you came out to buy your father's medicine?
[Son Jeonghye]
In the case of teenagers, my father was uncomfortable, so he came out to buy medicine instead, and on the way, there was no one-sided knowledge, so there was no dispute. Look at each other in a bad way.It's not a dispute with any feelings of seeing or personal, but it's a so-called unsolicited murder, or a crime of ideal motivation because he was attacked while going on the road calmly. As such, he is very angry when it comes to the murder of a cruel and very innocent citizen. In particular, more people are feeling sorry because the victim is a very young teenager.

[Anchor]
He was a victim who didn't know anything about him. The perpetrator chased about 800m and committed the crime, but he said he had already come out to the street with a weapon. Then, of course, you have a plan, right?

[Son Jeonghye]
Whether it is a planned crime or a contingent crime can be a very important factor because there is also a difference in sentencing standards. First of all, it was confirmed that he carried a weapon in the restaurant he worked for and ran. In particular, after carrying a weapon, I went back and forth between the store and the sidewalk.The situation of wandering was also detected. This can be seen as a situation of a planned crime if you have looked closely at who you will target in advance because it can be said that you have searched for a target for a specific person. In particular, the victim, a teenager, didn't just go and do it right away, but chased about 800m. And even when he was attacked, even though he screamed and asked for help, he continued to attack without stopping and ran away from the scene, so there is a lot of room for it to be considered a premeditated crime. In particular, even after wielding a weapon like this, he ran away from the scene, but he continued to wander around another place. I've been holding the weapon for a long time. In such a variety of circumstances, it seems that there was some kind of plan from the beginning to relieve anger toward others because I was so angry and angry.

[Anchor]
In addition, Park Dae-sung already had a criminal record of violence. In this case, could it be an aggravated punishment?

[Son Jeonghye]
If you are a person with increased violence, what can be a weighting factor is considered a weighting factor in the case of a similar crime or a criminal record of violence according to our sentencing criteria. This is because there is a risk of recidivism and violence increases. It is necessary to check in detail what kind of crime the criminal record was in the past, but since there are precedents of various punishments for violent tendencies, I think there is a lot of room for this violence to be seen. I think it can be interpreted as being not guilty and having an antisocial personality.

[Anchor]
It's been revealed. I'm Park Dae-sung, 30 years old. The fact that personal information was released must have been based on the judgment that this crime was a brutal crime, right?

[Son Jeonghye]
There is a serious crime disclosure law. This is because all of these requirements have been met, and so-called mug shots under this law have also been released, and all of their names, ages, and faces have been released to the public. Not only is the crime method very cruel and brutal, but evidence of guilt has already been secured and needs to be disclosed to satisfy the people's right to know. As you can see, the most noticeable thing on the front is the tattoo on the neck. I can't read the expression of being shy or very sad at all. Park Dae-sung committed a serious crime called murder, so his identity has been disclosed.

[Anchor]
But now, Park Dae-sung claims that he was drunk and did not remember the situation at the time and was suffering from mental illness. Can you say you were aiming for a commutation?

[Son Jeonghye]
Given that I can't remember well at the time of the crime because I drank about 4 bottles of soju, it is expected that the court will also claim the mental and physical weakness. However, according to the Korean Supreme Court's sentencing guidelines, the interpretation of drunkenness can be very divided, and there is a possibility of controversy over whether this is subject to mental and physical weakness reduction. It is said that it is a weighting factor if you intentionally predict the crime or if you cause yourself to be drunk and avoid it. Although I did not predict the crime like this, it is clearly stated that if I become intoxicated like this, I do not use it as a mitigation factor because it is violent and if Park Dae-sung, who has a past history of violence against others when he drinks, knows this, but if he is intoxicated himself, he will not be reduced even if he claims that he is mentally and physically weak.

[Anchor]
We're watching a CCTV video, and if you just look at the scene where Park Dae-sung walks in this video, a person can walk in a zigzag, but he's walking fine. I think this can be considered as well.

[Son Jeonghye]
The behavior of people who are drunk may be different, but basically, if you are so drunk that you can't remember, you should be unable to control your body, your eyes are bloodshot, or you should be in disarray without holding something properly in your hand. Not only is he seen walking on the street so well, but he also roams the streets for about two hours after the crime, goes to a bar, or goes to a karaoke room and orders alcohol normally. Given such a situation, it does not appear that the judgment or physical control ability has deteriorated to the point of losing memory due to being drunk.

[Anchor]
Besides, I was caught smiling on the screen. From this point of view, some say that we should also do a psychopath test, so how do you see it?

[Son Jeonghye]
That's right. First of all, the fact that the motive of the crime has not been confirmed also shows antisociality. There may be anger and anger because the restaurant he runs after breaking up with his girlfriend is not doing well, but antisociality is also revealed in that the motive of killing people without asking is not clear. In particular, there is no self-reflection immediately after the crime. Usually, if you hurt a person to the point of death with a weapon, you have blood, and you run away or hide because you are scared, afraid, afraid, and embarrassed. Since it is revealed to some extent that he has no sense of guilt at all by calmly ordering alcohol and going to karaoke and nonchalantly acting on the streets, through psychopathic tests or recidivism risk assessments, how much does this person belittle people's lives and do not sympathize with the pain of others? There is no choice but to say that this should be considered.

[Anchor]
So, it's a case where a teenager sadly lost his life in a situation where he couldn't find a reason at all. I think we need countermeasures against this kind of abnormally motivated crime. What kind of measures are there?

[Son Jeonghye]
In the end, these people are at risk of recidivism, and those with a history of violence tend to move toward violent crimes to the death of others when violence increases. When you are punished at first, it seems very necessary to send a sentence that informs you of the seriousness of the law. If there is a risk of recidivism in the process, supervision of management will be very necessary for probation or various preventive measures. Even now, there are people who hold someone's anger or have a bad feeling for a minor reason and say, "How can I hurt someone?" I think there should be a crime prevention system that intensively manages these people.

[Anchor]
Let's change the subject this time. Let's take a look at the case of Yoo Seung-joon. Singer Yoo Seung-joon, who was blocked from entering Korea due to draft dodging. This time, I applied for a visa issuance, but I'm complaining that I was rejected. This case has been a long time, but it continues to be controversial.

[Son Jeonghye]
The Supreme Court ruling has been confirmed, but it is bound to be controversial again. The reason for this rejection is that the Supreme Court said at the time that the gist of the Supreme Court's ruling was illegal for procedural reasons, so the Supreme Court talked about reapplying and exercising discretion again. As a result, I applied for a new visa issuance for the third time, but the Consulate General made a discretionary decision again, but I will not issue a visa to prevent it from entering the country by exercising discretion because it could harm the interests or public order of the Republic of Korea. That's how I disposed of it. Then again, Yoo Seung-joon has to go through that process because he has to solve this problem by filing a lawsuit with the court that the exercise of this discretion is illegal. It seems that there will be some difficulties because it is a national consumption and a long-term lawsuit without being able to enter the country for the third time, but since it is a matter that caused a lot of social controversy in Korea and had a lot of negative impact on the public, it is difficult to evaluate Yoo Seung-joon because it is a social issue even if there is a personal injustice.

[Anchor]
Because there is a clue that it is discretionary, the Consulate General can reject this situation even if it continues to occur. However, the visa that Yoo Seung-joon applied for this time was not a tourist visa, but an overseas Korean visa. What is the difference between these two?

[Son Jeonghye]
The tourist visa is for short-term stay, so it is not only short-term, but also economic activity and employment are not possible. However, just as many overseas Koreans come in and work in Korea, receiving an F4 visa will not only provide a long period of time but also allow them to engage in economic activities. In other words, Yoo Seung-joon can come in and do entertainment activities and concerts. In that sense, it is pointed out that the actual purpose of entering Korea is to return to the entertainment industry. Then, there were netizens who argued that if they wanted to come to Korea, they could come in at least a tourist visa. Since Yoo Seung-joon filed such a lawsuit based on the Overseas Koreans Act, he applied for an F4 visa applied by overseas Koreans to be regulated by the Overseas Koreans Act, not for the purpose of obtaining economic benefits through entertainment activities. I also raised objections like this.

[Anchor]
Then, can I get approval if I apply for a tourist visa?

[Son Jeonghye]
Since a tourist visa is a relatively short-term stay, it is more likely to be allowed in the process of exercising discretion. In fact, there has been a case in which Yoo Seung-joon received permission to stay in the short term because he had a family award in the past. That's why Yoo Seung-joon is not filing this lawsuit for temporary stay in tourism, but because he is coming in to live with his family in Korea, he cannot solve the problem only with a tourist visa, so he is insisting that I can come in and live like people in similar situations.

[Anchor]
Let's take a look at the last case. It is said that ordinary passengers entered the flight control room in operation. What happened?

[Son Jeonghye]
I don't think it was an incident that I tried to enter the control room like this from the beginning. The captain came out to the bathroom while driving, and he saw the manager's family. It seems like they went on a family trip because it was a flight to Da Nang. It seems that the manager privately asked the captain to see if he could go inside the control room because he had a kindergarten daughter and a husband together. It seems that he allowed this again, so he had to watch it for 3 to 5 minutes inside the control room. However, an anonymous informant found out about this and reported it and raised the issue that there was a problem. There was also the movie hijacking. The flight security law stipulates that no one can enter the cockpit because it can cause great public danger as soon as someone breaks in and interferes with business. No matter how close a family member and kindergarten is, it is a violation of the Aviation Security Act that an unauthorized person enters the control room without discretion and without protection measures.

[Anchor]
The captain gave me permission, and even if it's a family member, it's a legal problem, so the place you can't enter is the control room. The airline was eventually fined, but there was no regulation to punish the manager.

[Son Jeonghye]
Both the office manager and the captain directly committed illegal acts and illegal acts, but under the Aviation Security Act, the fine imposed by Jin Air, or the company, was fined for failing to implement it, so the side that raised the issue has filed a complaint with the Ministry of Land, Infrastructure and Transport saying that the actions of the office manager and the captain are inappropriate and should not be done.

[Anchor]
On the other hand, there are many cases where a plane voluntarily gets off the plane just before takeoff. Why is this like that?

[Son Jeonghye]
Voluntarily, you might think why you can't get off when I'm on a plane, but there might be a problem that requires a security check again. In a very extreme way, someone can get on and set up a bomb and get out of it. So voluntary is not allowed unless it's a reason for illness or an urgent reason, but these days, I don't want to ride it as a case of some abuse or a sudden change of mind. Or, there are more and more reasons to reserve a seat next to you to see a famous celebrity and then get off after seeing your face. It's overwhelmingly a health problem. However, simple changes of mind are also on the rise, so the contents and order of aviation security are maintained. And if you search it again, there is room for other passengers to be damaged in time. That's why there are voices calling for countermeasures. As we saw in the table a while ago, simple change of mind is over 15%. That's why it's a very big proportion. As you said, is there any penalty when a K-pop fan rides and gets off together to see a celebrity?

[Son Jeonghye]
There is no separate penalty that presupposes this case. So, the general penalty rule is applied, so it depends on the airline, but if you pay hundreds of thousands of won, you can get on and off like this. However, there are security concerns for the rest of the aircraft because of delayed departures or problems with re-searching or receiving goods. Therefore, if it is done by health problems, sudden special circumstances, to see a person, or by a simple change of mind, it is naturally followed by a call to strengthen penalties or restrict them.

[Anchor]
There seems to be a need to strengthen legal standards a little more, but what about other countries?

[Son Jung-hye]
Currently, other countries do not impose separate sanctions for this reason, but if the system is improved, such regulations will be possible. It can be defined as obstruction of business if you get on and off for another purpose for the purpose of not actually boarding an aircraft. Usually, passengers who ticket and enter the security check should have the purpose of boarding a plane, but since coming in to see a celebrity is completely against the purpose, I think it can be sanctioned if there is a separate regulation.

[Anchor]
You mean business interference applies. What are some of the measures that airlines should take if they really make a simple change of heart?

[Son Jeonghye]
If the passenger gets off, it will re-search the cabin. So maybe this passenger left something behind. It's a very extreme case, but when a person gets on and off, there's a problem of having to re-examine security thinking there might be some purpose, and then there's room for delay in departure time.

[Anchor]
I must not do this for the sake of other passengers. So far, I've been with lawyer Son Jung-hye. Thank you for talking today.


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