'Devil's Smile' Killer Park Dae-sung Is Death Penalty Hard? "There's a case of a premeditated crime, but..."

[YTN Radio lawyer Lee Won-hwa's case X file]

■ Broadcasting: FM 94.5 (06:40~06:55, 12:40~12:55, 19:40~19:55)
■ Air date: October 7, 2024 (Monday)
■ Host: Lawyer Lee Won-hwa
■ Lawyer Ahn Soo-jin

* 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): It must have been past 1 a.m. A man visited a pub in Suncheon, South Jeolla Province without shoes. And let's say he ordered a bottle of this man's beer. This man came into the store barefoot and said he fought with his girlfriend who was going to marry him, so he took the beer he was drinking on credit and disappeared. The man was arrested by the police about an hour later. The reason was murder. This man who murdered a teenage woman on the street for no apparent reason. Recently, this man's personal information was released. I'm Park Dae-sung, 30 years old. After the crime, a mug shot with a smile and a smile on CCTV is also controversial. Isn't there a countermeasure against murder that happens when you forget? Let's go into detail in today's case X file. Hello, I'm Lee Won-hwa, the case X file of lawyer Lee Won-hwa. Today, I'm with lawyer Ahn Soo-jin of Law Firm, Roel. Welcome, lawyer.

◇ Lawyer Ahn Soo-jin (hereinafter referred to as Ahn Soo-jin): Hello, I'm lawyer Ahn Soo-jin of LOEL Law Firm.

◆ Won-hwa Lee: The murder case of Don't Ask Me broke out again. The victim was a teenage woman.

◇Ahn Soo-jin: The suspect in the case was still a young teenage woman. Park is accused of stabbing the victim to death on the sidewalk in front of a parking lot in Jeongwon-dong, Suncheon, at around 12:44 p.m. on September 26 this year. According to the police, Park reportedly delivered snacks from a restaurant he runs before the crime, drank alcohol, got out of the restaurant, and while wandering the streets, he saw the victim and stabbed him several times with a weapon that he had prepared in advance along about 800m.

◆ Won-hwa Lee: CCTV has been released, have you seen it? It was filmed as if he was smiling.

◇Ahn Soo-jin: That's right. CCTV footage installed in an alley shows Park walking barefoot and smiling with the corners of her mouth raised, and the video was recently released through media. According to CCTV footage, which appears to have been installed in the parking lot, Park was caught suddenly speeding up and stabbing the victim behind him while following him while maintaining a certain distance from the victim he was walking earlier. After the victim collapsed, it was hard to see due to the flower bed, but Park appeared to stab the victim again with a weapon, and according to the press release, he repeated his actions for about 30 seconds. Later, as a passerby approaches, Park runs away as she crosses the parking lot over the flower bed.

◆ Won-hwa Lee: A witness, so there was a passerby who reported the incident at the scene, and he came to stop him because he thought there was a quarrel. I think you talked to the victim.

◇Ansu-jin: According to the statement of a passerby who reported to the police at the time, he approached the victim to stop him because he seemed to have a quarrel to scream, but Park ran away and told the victim, "Do you know that man, ma'am? ” When the victim asked, he said he lost his mind, leaving a message saying, "I don't know you. Please save me." Afterwards, the suspect was transferred to Chonnam National University Hospital after being intubated at nearby St. Garolo Hospital in Suncheon, but died during treatment around 6 a.m. on the same day. An autopsy by the National Forensic Service found that the suspect's direct cause of death was excessive bleeding.

◆ Won-hwa Lee: All I can say is that it's too bad, but the suspect who killed the woman, as you said, ran away after the crime, and it was a bar that ran away?

◇Ahn Soo-jin: Yes, that's right. It's kind of hard to understand that you stabbed a person and visited a bar. Immediately after the crime, Park entered a nearby pub and had a big fight with his girlfriend, who was going to marry the owner of the pub. I drank beer saying I drank because I was angry. Park, who ate about half a bottle, left the pub without paying for alcohol, saying it was a credit.

◆ Won-hwa Lee: I actually have doubts that this person was trying to make an alibi. Then how did you get caught?

◇Ahn Soo-jin: After the incident, Park searched for bars and karaoke rooms for about two hours with a weapon, and Park, who entered the karaoke room after abandoning the weapon in a nearby parking lot and kicking the parked vehicle for no reason, was arrested by the police after receiving a report after a dispute with the owner of the vehicle who witnessed it.

◆ Won-hwa Lee: I don't think there's anything to say that there was a dispute in the meantime, but did you admit to your crime?

◇Ahn Soo-jin: No. Park denied all of his crimes, saying he could not remember because he was intoxicated immediately after the arrest. However, when asked by reporters whether he would admit the crime while suddenly attending a warrant review, Park said, "I will not deny it because all the evidence came out." However, it is worth paying attention to what Park added to the reporters. Park added to the reporters at the time of the warrant review that he could not remember because he drank about 4 bottles of soju at the time of the incident. Considering Park's statements, as well as her drinking before the crime, and her drinking at a pub and visiting bars and karaoke after the crime, I think Park is trying to claim mental and physical weakness or mental loss. In addition, Park broke up with her girlfriend in a police investigation and drank about four bottles of soju because she couldn't do business, and she has a mental illness. He is said to have made statements such as that.

◆ Won-hwa Lee: If you listen to the story, it seems that he prepared the crime tool in advance and followed it about 800m, and he committed the crime on a planned basis. I think that mental and physical weakness is one of the strategies.

◇Ahn Soo-jin: That's right. According to the Suncheon Police Station in Jeollanam-do recently, CCTV analysis confirmed that Park went to and from the store several times with a weapon for 30 minutes just before killing the victim, which can be considered as a search for the target of the crime, and it seems that he/she wanted to intentionally kill the victim from taking the weapon from his/her store. In the police investigation, Park said, "I used to change when I was drunk, but I don't remember the weapon that I used to use at the store, but I don't remember it." He maintains that he doesn't remember it because he has been drinking continuously. The Criminal Law stipulates that the act of a person who is incapable of discriminating or making a decision due to mental and physical disability is not punished, and the act of a person who is weak in that ability can be reduced, and this applies equally to murder crimes. As a result, there are growing concerns that Park is also trying to avoid severe punishment through mental and physical loss or mental weakness, just like the Cho Doo-soon case, which was commuted for claiming that she was mentally and physically weak due to alcoholism.

◆Binary: Is there any known blood alcohol level? It's said that you drank 4 bottles of soju, but it seems necessary to check if this is also true.

◇ Ahn Soo-jin: The exact blood alcohol level is not known, but it seems difficult to apply alcohol reduction or mental and physical weakness rules to Park, regardless of how much alcohol he actually drank. In recent years, it has been proven by objective records that the murder was actually suffering from severe mental illness, and claims of alcohol reduction or mental and physical weakness are not accepted unless the symptoms of such diseases have affected the case.

◆Bimwon: We should punish them more. There are a lot of voices like this.

◇Ahn Soo-jin: Yes, that's right. The criteria for determining mental and physical weakness caused by intoxication are also ambiguous, and there have been opinions that it is correct to interpret crimes under intoxication as mental and physical disorders or mental weakness caused by responsible reasons for the actor, and there have been movements to constantly revise related laws. The voice that the alcohol reduction should be abolished has been around since the Cho Doo-soon incident mentioned earlier. There were related discussions in the 20th National Assembly as well as the 2009 parliamentary audit of the Legislation and Judiciary Committee, and it is currently one of the 120 national tasks of the Yoon Suk Yeol government.

◆ Won-hwa Lee: Why on earth has the motive of the crime not come out yet?

◇ Ahn Soo-jin: There is no clear motive yet. However, the police highly value the possibility that it was a so-called "don't ask" crime in that Park and the victim did not know each other at all in light of the results of the investigation. Following the public opinion that Park's personal information should be disclosed, the Jeonnam Police Agency held a review committee on Park's personal information disclosure. The deliberation committee decided on September 20 to publish the age of Park's real-name upper body photo on its website by the 29th of next month, given that the cruelty of the crime and the seriousness of the damage are recognized, there is sufficient evidence of the crime, and there are public interests such as the people's right to know and prevention of recidivism.

◆Won-Won-Won: Did you see the mugshot? If you look at the picture, it's hard to tell if it's a mug shot or a picture taken without anything happening.

◇Ahn Soo-jin: Usually, when taking mug shots, it is common to shrink or stiffen a little, but in this case, he filmed it with a smile.

◆ Lee Won-hwa: The 30-year-old suspect, Park Dae-sung, is known to have run a steamed chicken restaurant in Suncheon, Jeollanam-do.

◇Ahn Soo-jin: Park was found to have run a steamed chicken restaurant in a franchise, causing a stir in that franchise. Beyond the malicious comments and horoscope terror attacks on Park's business, comments continued that he would never order from the franchise's headquarters SNS, which once caused the franchise's access to its website to fail. Eventually, the franchise's CEO had to post an official statement saying that the incident was caused by the unethical behavior of the owner, and that he would actively cooperate with the police investigation so that the perpetrator could be brought to justice. As a result, we are concerned that the damage may spread to other franchisees operating the same franchise. But Park is not a person who has lived in this area for a long time, and it has only been three months since he opened the jjimdak franchise. It is understood that he moved to Suncheon three months ago while originally living in Gyeongbuk and opened a steamed chicken restaurant. Park opened the store despite the dissuasion of the recession, but the business was not as good as expected, so he was stressed by sluggish sales and recently stopped operating. Meanwhile, it is known that Park has no criminal history of the same kind, but has a criminal record related to assault.

◆ Won-hwa Lee: He was sent to the prosecution. It seems that there will be more investigations in the future, so what are the areas to pay attention to?

◇Ahn Soo-jin: The police have requested psychiatric evaluation of Park and have deployed a profiler to analyze Park's psychological condition and motive for the crime. In addition, given that Park talked to the driver with a weapon hidden behind his body when a commercial taxi stopped on the sidewalk in front of the store, and that he wandered from place to place for about two hours with a weapon even after the crime against the victim, it is expected that additional investigation will be conducted on whether he or she searched for other targets before and after the victim. In addition, Park's friend said in an interview with a media outlet, "When I drink, my eyes and everything change. He even stated that he was always involved in disputes with people when he drank a little aggressively, and it is necessary to secure the contact he had with a third party before and after the crime to determine whether he had actually drunk a lot at the time.

◆ Lee Won-hwa: Some say that punishment should be given to the death penalty and life imprisonment, but it will not be easy to do this in the industry. There's also a story like this. What do you think, lawyer?

◇Ahn Soo-jin: Yes, according to the sentencing criteria for murder crimes announced by the Supreme Court, the basic sentence for extreme contempt of life is 23 years or more in prison or life imprisonment. The problem is that in order to meet the type, it must be the case of killing two or more people by indiscriminate murder against an unspecified number of people, or killing two or more people by means of a desire to kill, or otherwise. In other words, if there is one victim who died like this case, it is difficult to evaluate such a case. In this case, it is closer to the third type of blame-motivated murder, but the basic sentence of that type is between 15 and 20 years in prison, so it may not be easy to immediately be sentenced to death or life imprisonment.

◆ Lee Won-hwa: Case X File Today, we looked at the recent murder case in Suncheon, Jeollanam-do. A teenage woman whose future dream was to be a police officer was killed for no reason. It's just upsetting that even though the number of "don't ask" murders is increasing every year, we haven't been able to come up with any proper measures. Even now, what we can do is thorough investigation and proper punishment. That's all we've prepared for today. You all deserve to be defended. Incident X file, thank you everyone.