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[News UP] Kim Leah, life imprisonment in the first trial...Why does the court judge "permanent quarantine"?

2024.10.24 AM 08:17
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■ Host: anchor Yoon Jae-hee
■ Starring: Oh Yoon-sung, professor of police administration at Soonchunhyang University


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

[Anchor]
I'll solve it from the perspective of major incident accidents and criminology. With Oh Yoon-sung, a professor of police administration at Soonchunhyang University. Please come in. It's a case of stabbing and killing her girlfriend who notified her of the breakup and seriously injuring her mother. "The Kim Leah incident". There was a first trial yesterday, and the court sentenced him to life in prison.

[Oyunseong]
Earlier, the prosecution also asked for life imprisonment in the final trial. Therefore, the 14th Criminal Division of the Suwon District Court sentenced Kim Leah, who was charged with murder and attempted murder, to life in prison. In addition, they ordered the attachment of electronic devices for 20 years and probation for 5 years.

In fact, the reason for the sentencing this time was that when he was notified of separation with a false obsession with his lover, he attempted to kill the victim several times with a weapon, and even the victim's mother was stabbed to death, but it was unsuccessful. Therefore, there are not many reasons to consider the motive of the crime, and the result of the crime method was extremely cruel and terrible. So I revealed the reason for the sentencing that it is reasonable to permanently isolate from society.

[Anchor]
The planned crime part was also recognized.

[Oyunseong]
That's right. Wasn't your mother right at the scene in this actual process? But in the face of desperate struggle to save his daughter, he committed the crime without any hesitation. So this is an indicator that the crime is quite premeditated, and there is such an idea that you can take away other people's lives to meet your emotional needs.

In other words, when Kim Leah already had an intuition about the breakup and then clearly had an intention to kill the victim due to betrayal and anger, he realized that the victim and his mother could no longer reverse the breakup with the victim, and killed him apparently was a premeditated crime.

[Anchor]
Kim Leah has argued that she was mentally and physically weak, but the court refused to accept it.

[Oyunseong]
Now, the defendant continued to say that he was mentally and physically weak, and at the time of the crime, he took 2 to 3 pills. And I drank a bottle of soju. That's what they're saying. However, according to the judgment of the court now, didn't the victims accurately stab them with a weapon, and after the actual crime, he walked down to report 119 himself and asked the security office?

This is a self-awareness of the wrong behavior. In that way, we have no choice but to show aggressive tendencies toward the victim due to the victim's past problems, and if we see various things like this, we are not truly reflecting on them. That's why I decided that it was a planned crime.

[Anchor]
He said he told his parents that they only need to live for 10 years and live happily after that, and in the closing argument, he is sorry for the dog he is raising. I heard that he mentioned this again. Isn't that very shameless?

[Oyunseong]
It's quite shocking. So where did this come from is the record of Kim Leah's detention center interview that the prosecution disclosed. You only have to live for 10 years and come out. He told his mother to live a happy life when he came out, but he later made an excuse that he did it to reassure her. And I read the apology on my own in the closing argument, and I'm sorry to anyone at the end of the dog.

So rather, the judge was embarrassed and asked again, "Who is the dog now?" Then, Kim Leah said, "My dog is sick, but I'm like this." What this means is a saying in our proverb. There is a proverb that says that other people's illnesses are worse than their own horns, and I think they have a very poor sense of reality or empathy for what their actions have resulted in.

[Anchor]
A friend of the deceased victim was recently interviewed by a radio station. I testified about what happened to the victim, so I'll listen to the details for a moment.

[Anchor]
I mentioned at the end that it felt like I was brainwashing and breeding, but in this situation, the victim's psychology will shrink a lot, making it difficult to make proper judgments or actions. What do you think?

[Oyunseong]
As far as I know, in the case of Kim Leah, she had been with another girlfriend before this victim, and if you listen to her statements and things like that, it's quite similar to now. So, in the case of the murdered victim, there is a high possibility that he or she felt fear of death, because of vandalism, violent behavior, illegal filming after sexual assault, and especially a performance that separates the doll's belly reminiscent of death. And a method of completely blocking contact with acquaintances and friends. As a result of this various brainwashing, it seems to be a very typical method of destroying the victim's will to resist and making him feel completely helpless and obedient.

[Anchor]
An acquaintance who testified just before also said this. I was afraid Kim Leah would come to me after she was released from prison. So I regret not being able to testify in court. I heard that he mentioned this, but I think the victim, the witnesses watching them, and the concern about retaliatory crimes will have a significant impact, so how should this be protected?

[Oyunseong]
In reality, it is bound to lead to a very psychological atrophy. In fact, our law requires that crimes for retaliatory crimes be punished in the Act on the Aggravated Punishment of Specific Crimes, etc., for aggravated punishment. However, in terms of preventing us from being subjected to it in advance rather than protecting it after reporting, what we need to look at is the fear of victims who actually feel their skin despite the fact that the Victim Protection Act was created in 2005, such as the distribution of smart watches or issuing an order to prohibit access, so I think the reality is that victims feel quite psychological burden.

[Anchor]
Measures to protect victims and witnesses from retaliatory crimes should also be strengthened. Let's move on to the next case. A female YouTuber in her 20s posted a video saying she had an abortion at 36 weeks of pregnancy, and yesterday, the arrest warrant was reviewed for the lead doctor and the hospital director who performed the surgery. But it was rejected.

[Oyunseong]
Whether or not to arrest them was a concern for many people. However, in the end, the Seoul Central District Court rejected the arrest warrant for the two with Shin, the head of the obstetrics and gynecology hospital, and Yoon, who performed the abortion surgery for which an arrest warrant was requested for murder. The reason for this was that the evidence was already sufficiently collected and the housing was constant. Therefore, I think the police's plan to speed up the investigation on this side by arresting the main suspect is disrupted and some modification of the plan is inevitable.

[Anchor]
Was the fetus alive at the time of the operation, and this is quite an issue, but the police believe that the fetus died during the abortion, right?

[Oyunseong]
That's right. That is the most important issue. The Ministry of Health and Welfare requested the police to investigate the video, which was said to have had an abortion at the 36th week of pregnancy, was released on YouTube in June. Therefore, in the case of abortion, there is no basis for punishment so far as related legislation has been delayed in the National Assembly after the Constitutional Court made a constitutional inconsistency decision in 2019.

So, from the beginning, whether the cause of this fetal death should be viewed as murder or stillbirth appeared as a key topic of the investigation. The child was alive when the medical staff took the fetus out of the mother's body after several medical evaluations. In other words, he's going to charge you with murder. And in the case of the hospital director and the housekeeper, they have no choice but to admit that the operation was performed, but when the child came out, the fetus was already dead by the time the child came out of the mother's body. Therefore, we are currently denying that we did not commit murder, but this content is expected to become a considerable issue in the future.

[Anchor]
The fact that there was no CCTV in the operating room is also a problem, and there is a situation where the body was stored inside the hospital and the controversy grew, so there is a situation where the makeup was done in a hurry. How should I look at this?

[Oyunseong]
First of all, the police are charging the hospital director B with violating the medical law because he did not install CCTV. And after the report on the incident, we are now checking various circumstances. First, the child's body has actually been stored inside the hospital since June 25th, when the abortion was performed.

However, the fact that the child's body was urgently cremated on July 13, shortly after media reports and the Ministry of Health and Welfare requested an investigation. This can be seen as a situation in which the hospital is taking something urgent when various controversies surrounding the case arise.

The second is that the people involved in the case hid the existence of the actual house arrest in the initial statement stage. And since various conflicting statements have been found, the police have analyzed various evidence obtained through seizure and search to prove the allegations and have actually conducted medical evaluations related to fetal death. In the confiscated material, 13 points, including mobile phones and tablet PCs of various people involved, and medical records are currently being secured and investigated.

[Anchor]
We will have to see if the dismissal of the warrant yesterday will put a brake on the police investigation. Let's move on to the last topic. These days, murder notices are frequently appearing online. This time, there is a controversy over the posting that I will kill at Bucheon Station on Subway Line 1, but in the last month, there are a lot of posts predicting a deadly rampage?

[Oyunseong]
In fact, a lot of such murder notices were posted after the Sillim Station incident or the Bundang Seohyun Station incident last year, but it was quiet. Recently, as you said earlier, there have been five reports of stabbings on the online community in a month, including one case where a notice was posted on the 21st that he would kill at Bucheon Station in Gyeonggi Province.

As you can see in the table, a deadly rampage is predicted four times on September 16, 18, 20, and 24, such as Daegu, Seongnam, Gyeonggi-do, Gangnam-gu, Seoul, and Chuncheon, Gangwon-do. However, there was no actual stabbing.

Thankfully. Therefore, it is judged as a false article, but since the police cannot completely rule out the possibility of this, dozens of police personnel or as many as 100 police personnel are put into it, which is a considerable waste of manpower, but from the police's point of view, they have no choice but to put the police in even if there is a 1% chance.

[Anchor]
We just organized it and showed it to you in a ticket. If you look at the places that were announced, there's an airport. There's a subway station and a university. It's a place where a lot of people pass by, so is there a psychology that targets these places?

[Oh Yoon-sung]
The act of predicting a crime itself is the most important psychology of trying to show off one's presence in a kind, hoping for the situation of fear after it is reported to others. In particular, it is natural in light of the psychology of these people to select various places such as downtown Seoul, metropolitan subway, airport, and ∀, as you just said, that this behavior is quite different from going to kill someone in a mountain.

[Anchor]
The police are arresting most of the writers.It has been confirmed that there are quite a few cases where it is difficult to catch a horse. Why is it so hard to catch?

[Oyunseong]
In fact, in a way, when these people use their cell phones, they catch them quickly. But if you do it in a public Wi-Fi place, it takes some time to get a warrant.What I want to make clear from this time is that more than half of the authors who posted the notice of the murderous riots are immediately arrested by the police.

So, according to statistics from the Gyeonggi Southern Office, about 146 murder notices have been posted in southern Gyeonggi Province over the past year. Among them, 88, or 60.2% of them, were arrested. And if you look at five cases this time, two suspects were arrested by the police and one case turned himself in.

So it's supposed to be caught one day. In a way, it may take a little time, but it's definitely caught. I think you need to keep in mind that the price for it is very fatal to you.

[Anchor]
What is your opinion on the criticism that the punishment is too weak?

[Oyunseong]
Last year, the Ministry of Justice said that it would actively file a lawsuit for damages caused by civil misconduct, regardless of criminal punishment, regardless of the circumstances, motives, or actual actions.

The reason is that, as mentioned earlier, enormous public power is wasted, police vehicles will charge all the labor costs and gas prices, but in a way, we can feel that it will not work if we do not punish them harder, so some say that a new crime of public intimidation should be established.

In fact, a lawmaker proposed a revision to the Violence Punishment Act and Criminal Law to punish an unspecified number of people for predicting indiscriminate crimes at the 21st National Assembly, and at the same time, the Ministry of Justice also suggested that it would revise the criminal law. Unfortunately, however, this has not been legislated properly as the National Assembly session has expired and has been terminated, and I think there should be a response to such actions as public intimidation or alarming through this. I think it's time for lawmakers to pay attention to these social pathologies.

[Anchor]
I see. Let's stop here. I was with Oh Yoon-sung, a professor of police administration at Soonchunhyang University. Thank you for talking today.




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