■ Broadcasting: FM 94.5 (06:40~06:55, 12:40~12:55, 19:40~19:55)
■ Broadcast Date: November 19, 2024 (Tue)
■ Host: Attorney Lee Won-hwa
■ Dialogue: Han Jin-gu Attorney
* The text below may differ from the actual broadcast content, so please check the broadcast for more accurate information.
◆ Lawyer Lee Won-hwa (hereinafter referred to as Lee Won-hwa): There are moments when you think about where the hell went wrong. Wouldn't A and B, who were once lovers, have been like that since their first meeting? Mr. A and Mr. B said they met and developed affection for each other through the introduction of their acquaintances. You might wonder why they had feelings, but the problem was that Mr. B was already married. However, the couple continued to have an internal relationship on the premise of marriage. Two years have passed like that. The man who said he loved you and would divorce you showed no signs of divorce over time. Then one day, it was an affair woman A who called 119 directly. However, after being investigated by the police once, Mr. A disappeared. Somehow, it was not easy to find Mr. A. And a very surprising fact has come to light. What happened? Case X file, let's start right now. Hello, I'm Lee Won-hwa, the case X file of lawyer Lee Won-hwa. Today, we are also with lawyer Han Jin-gu of Law Firm Roel. Welcome, lawyer.
◇ Han Jin-gu Lawyer (hereinafter referred to as Han Jin-gu): Yes, hello. I'm Han Jin-gu lawyer of LOEL Law Firm.
◆ Binaryization: It's true of all events, but I think it was really misplaced from the beginning. I think it was an incident that made me think like this a lot.
◇ Han Jin-gu: If you look at the first button of this case, it goes back to 2012. The criminal, identified only by his acquaintance's introduction, met A, who was a married man at the time. Mr. A was a married man, but somehow, they continued their relationship for about two years on the premise of marriage.
◆ Lee Won-hwa: As you know, you've dealt with a lot of cases, but there are so many cases where you say you're going to get divorced and live with you someday, but you don't get divorced, right?
◇ Han Jin-gu: Yes, that's right. I've seen many cases where my spouse says my marriage is virtually over and I'm about to divorce, but I don't get divorced and continue cheating without ending my relationship. But this case we're going to deal with today seems to be a similar case.
◆ [Voiceover] Anyway, let's get back to the case. According to what you said, you've been in an internal relationship for two years. It must have lasted a long time.
◇ Han Jin-gu: Yes, that's right. Such an internal relationship has been going on for two years. As Mr. A, a married man, did not divorce his mother-in-law, the relationship began to deteriorate.
◆ Binaryization: It's not easy.
◇ Han Jin-gu: Then one day on January 9, 2014, this incident occurred. At that time, A went to Kim's officetel while drinking. However, Kim, who was full of complaints about A not divorcing his mother-in-law, asked A why he didn't divorce, and the two started arguing.
◆ [Voiceover] It started as an altercation, but it also led to a physical altercation.
◇ Han Jin-gu: The four of them continued to argue, which soon led to a fierce physical fight. However, the criminal suddenly stabbed A with a weapon in the house during the struggle. Meanwhile, the woman immediately called 119. The report time is recorded as 1:02 a.m. on the 9th. When police and paramedics arrived at the scene, Mr. A had already died.
◆ Lee Won-hwa: But I didn't run away and reported it right away. This person.
◇ Han Jin-gu: Yes. When I saw that the criminal who stabbed the victim with a weapon reported it right away, I thought he would admit the crime and reflect on it. However, the criminal reported that A stabbed himself with a weapon while reporting. In the subsequent police investigation, the criminal only stated that A had harmed himself. However, according to the police officer in charge at the time, there were also some signs of contention at the scene of the incident. In order to clarify the cause of death in detail, the police asked the National Forensic Service to conduct an autopsy on A.
◆ Dualization: What was the result of the autopsy?
◇ Han Jin-gu: As you might have expected, the autopsy findings showed that murder cannot be ruled out, and it is difficult to say that it is self-harm, especially when looking at the angle of the stabbing. Meanwhile, the police were already identifying Kim, the criminal, as a prime suspect at the time. Now that the autopsy results are out, it was time for further investigation, but this is where the problem occurred.
◆ Binaryization: What was the problem?
◇ Han Jin-gu: The criminal, who completed the police investigation on the day of the incident I told you just before, fled as soon as he returned home after completing the investigation. The police rushed to the house for further investigation, but the criminal did not even come into the house, and when they checked later, the criminal reportedly withdrew cash from all his deposits and received additional cash services after completing the investigation.
◆ Lee Won-hwa: I think he will be found guilty while under investigation. I think I thought about this and ran away by raising funds for escape.
◇ Han Jin-gu: Yes, I think it must have been the idea that there must be a lot of evidence or clues about his crime at the scene of the incident. However, even after some time, the criminal's track record did not come out. Furthermore, unlike other cases, there was another decisive reason why it was difficult to find the culprit in this case.
◆ [Dualization] What was it?
◇ Han Jin-gu: Yes, this criminal had identical twin sisters. When the criminal escaped and went into hiding, the criminal's twin brother also went into hiding together. Immediately after A's death and police investigation, the criminal plans to run away with his twin brother soon because he is afraid that the investigation network will narrow down quickly. And what's more surprising is that during the flight, the criminal underwent plastic surgery, making him more identical to his twin brother in appearance than before. Just hearing about it, it seems that it is expected how difficult the investigation agency will be.
◆ What kind of movie is that?
◇ Han Jin-gu: Yes, if there are identical twins with almost the same appearance through plastic surgery like this, it will be difficult to investigate. For example, even if the criminal's track record is discovered with difficulty, it is necessary to closely grasp and move whether this is the criminal's own track record or the twin's, but this is not easy. If you rush to arrest him and it turns out that he was a twin, not a criminal, the criminal will hide harder. In addition, in the case of the criminal and the twin brother in this case, according to the police officer in charge at the time, they did not use anything in their name and paid in cash without using any mobile phone or credit card. And if there is anything that must be used, such as living in an officetel, it is said that he worked thoroughly in the name of his twin brother.
◆ It looks like he was very meticulous, helping his twin sister, but how did he get caught?
◇ Han Jin-gu: Yes, the reason why the criminal who had fled so thoroughly was arrested was surprisingly sloppy. It was confirmed that city gas and cable broadcasts applied in the names of twin brothers were confirmed.
◆ Binaryization: Since he's been on the run for more than a year, there's nothing to be caught now. I think I was careless, and I think that the areas where I applied and things like that might have been different.
◇ Han Jin-gu: Yes, from the criminal's point of view, he may have been somewhat relaxed after successfully running away for more than a year. The police were able to specify the criminal's residence by analyzing CCTVs at convenience stores in the area, and the criminal whose tail was stepped on and whereabouts were identified was arrested by the police. Soon after, the criminal, identified only by his surname Kim, was arrested on charges of murder and charged with the crime of killing A.
◆ Dualization: What was the outcome of the trial?
◇ Han Jin-gu: Yes, if you look at the judgment of the first trial in this case, it can be confirmed that the defendant admitted that the defendant held a kitchen knife to threaten the victim and that the victim was stabbed to death in the left chest by the kitchen knife, but the defendant claimed that he did not stab the victim with the intention of murder. In response to the defendant's claim, the Seoul Western District Court, which took charge of the case, found the defendant guilty of murder, and sentenced Kim to 10 years in prison. After the ruling, the court said that it was judged to have been stabbed with quite strong force in light of the fact that the weapon penetrated A's thick coat at the time, and that it could have predicted that the victim could die from such an act. In response, the prosecutor appealed, saying that 10 years in prison was too light a ruling.
◆ [Dualization] Right. Ten years in prison seems a little light. What this woman means is that she died because of herself, but she didn't mean to kill her in the first place. It means there was no intention of murder, and the court refused to accept it.
◇ Han Jin-gu: Yes, the first trial court refused to accept such claims and admitted the murder. Meanwhile, the court in charge of the Seoul High Court, which was appealed by the prosecutor, rejected the prosecutor's appeal and maintained the lower court's 10-year prison sentence. The appeals court dismissed the prosecutor's appeal on the grounds that the defendant accidentally committed the crime while arguing with the victim, that the defendant regretted his crime and deeply reflected on his wrongdoing, and that the defendant had no criminal history. To add a little bit of my thoughts as a lawyer to this ruling. It seems that the defendant insisted that the crime of murder should not be applied because he did not intend to kill. In order for murder to be applied, it is natural that the murder must be intentional at the time of the act, and there are many theoretical discussions to determine whether it is intentional, but in practice, there is a part where the defendant has no choice but to judge whether it is intentional or not by looking at the situation at the time of the incident. However, in this case, in light of the fact that the criminal stabbed A in the left chest with a weapon and the strength of the stabbing was quite strong, it can be said that the murder was intentional at the time of the act.
◆ Dualization: To tell you a little bit about the sentence, the sentence of 10 years is, of course, in the past, so we can't judge it on the same line as now, but it's true that it looks a little light. It's murder. But anyway, I think that the fact that the defendant had been suffering from such a belief that he would divorce the victim for a long time while maintaining an internal relationship with the victim at the time was taken into account to some extent as the motive for the crime. By the way, I'm curious that you had a twin sister. If you look into the case, it's not just that it helped the criminal escape, it's more than that. Have you been punished?
◇ Han Jin-gu: If you help a criminal conceal or flee, you can be sentenced to up to three years in prison or fined up to 5 million won for concealing a criminal under our criminal law. The twin brothers were not punished in this case. This is because there is a provision in the criminal law that the crime of concealing criminals is not punished when a relative or a family member living together commits a crime for themselves.
◆ Dualization: Even if it's a family, it doesn't constitute a crime. I'm sure there are a lot of people who think that they can't even agree with the killer. What do you think, lawyer? And is there a law like this overseas? Do you happen to be
◇ Han Jin-gu: As you said, I think there will be a lot of listeners who don't agree with this. I think hiding or fleeing criminals must be a light crime that worsens security and violates national legal interests, but in fact, it may be difficult to expect the relative of the criminal to actively report the criminal to the police without hiding him. For your information, there are similar regulations in the case of overseas. Germany provides for obstruction of punishment similar to the crime of concealing criminals in Korea. Germany also stipulates that if you interfere with punishment for your relatives, you will not be punished.
◆ Lee Won-hwa: Case X-Files Today, we looked at the murder of Mapo's internal affairs man, who had been on the run for a year and three months after killing his internal affairs man. Apart from the morality of an internal relationship or the assault that led to death. Looking at this case, it was the family of the deceased man that bothered me the most. How on earth can we heal the heartbreak left behind by families who couldn't have grieved or been angry? There seem to be so many things in the world that can't be helped by laws and institutions. That's all we've prepared for today. You all deserve to be defended. Incident X file, thank you everyone.
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