A junior who killed his senior fiance while trying to rape him, an electronic anklet on his ankle?

■ Broadcasting: FM 94.5 (06:40~06:55, 12:40~12:55, 19:40~19:55)
■ Broadcast Date: October 30, 2024 (Wednesday)
■ Host: Lawyer Lee Won-hwa
■ Talk: Soohyun Lee Lawyer

* The text below may differ from the actual broadcast content, so please check the broadcast for more accurate information.

◇ Lee Won-hwa Lawyer (hereinafter dualized): It was one day in 2019. B, the junior of her fiancé, who she knew well, came to A's house. It was almost 6 a.m., and Mr. B looked very urgent as if something had happened. Mr. B suddenly changed when Mr. A opened the door. Mr. B strangled Mr. A and tried to rape him. Surprised A immediately resisted, but it was not enough. As a result, A jumped outside through the balcony railing. Mr. A jumped from the veranda and was fatally injured. Mr. B dragged A back to the apartment regardless of him. The assault continued. And B was an ex-convict of sexual assault with an electronic anklet attached at the time. This incident caused controversy over the effectiveness of electronic anklets, and the controversy is still ongoing. Case X file, let's start right now. Hello, I'm Lee Won-hwa, the case X file of lawyer Lee Won-hwa. Today is also with Law Firm Soohyun Lee Attorney Roel. Welcome, lawyer.

◆ Attorney Lee Soo-hyun (hereinafter referred to as Soohyun Lee): Hello, I'm Soohyun Lee attorney at Law Firm Roel.

◇ Won-hwa Lee: Many of the cases we deal with are like that, but I think this case was also something that could have been prevented.

◆ Lee Soo-hyun: It was even more unfortunate because it could be prevented. There are a total of three people involved in this case. The two are between seniors and juniors at work, and the senior is Mr. C, and the junior is Mr. B. And the three of them had known each other, including C's fiancee A. However, an incident occurred at around 5:50 a.m. one day when junior B visited A's house alone.

◇ Won-hwa Lee: The time zone you mentioned is not very common sense to visit someone's house, but why did you visit?

◆Lee Soo-hyun: It is said that Mr. B rang the doorbell at Mr. A's house, saying that something urgent happened to his senior.

◇ Won-hwa Lee: I wonder if I might have opened the door in surprise when she came in the early morning and said something happened to her fiance. What happened?

◆Lee Soo-hyun: Now Mr. A seems to have been acquainted with Mr. B and opened the door because he was worried about his fiancé, Mr. C. However, Mr. B only rambles while showing that he was drinking, but he didn't talk about Mr. C. Mr. A said he ordered B to drink coffee to sober up and sent him to go home next time. But at that time, B suddenly grabbed A's neck and tried to rape her. Mr. A resisted fiercely, but in the end, he fainted without winning, and Mr. B laid the fainted Mr. A on the sofa and went to drink water for a while. At this time, Mr. A, who passed out, woke up and jumped down the sixth floor through the window to run away, seriously injuring himself.

◇ Lee Won-hwa: If it's on the 6th floor. I'm sure there are people who went up and looked down, but it's quite high. But I think you can guess how urgent the situation was at the time that you jumped from there. Above all, wasn't Mr. A hurt a lot?

◆ Lee Soo-hyun: Fortunately, he fell to the flower bed and was covered in blood, but he was alive. Now, looking at the video on CCTV, I could see that Mr. A was alive because he was caught trying to talk. However, if Mr. B knew that Mr. A had fallen, he should have called 119, but rather, he went down to the first floor, dragged Mr. A back home, and even brought him home and tried to rape him again. And because sexual assault was not going well, he strangled him and eventually A died. But what's surprising about this is that didn't I tell you that Mr. B dragged Mr. A back up? At this time, he changed into his fiancé C's clothes at home and went down to the first floor with his face covered with a towel in case his face was captured on CCTV.

◇ Won-hwa Lee: How did the crime become known because it seems like all you can say is that it's really unfortunate?

◆Lee Soo-hyun: Now, the incident became known when A's family, who thought it strange that they could not be reached, visited the apartment and found A dead and reported it to the police. The police immediately checked CCTV near the scene. At first, I thought it was Mr. C, Mr. A's fiancé, who led Mr. A. However, I immediately found out that B had changed his clothes, so I was able to arrest A hiding in a studio apartment in Suncheon within two hours of tracking B. At first, the police decided that A fell and died, so they arrested B on charges of rape and death, but an autopsy by the National Forensic Service confirmed that A's cause of death was asphyxiation of neck compression, that is, strangled to death, so the charge was changed to rape murder. And B eventually confessed to the murder charge.

◇ Won-hwa Lee: When I looked at this case, the most problematic part was that Mr. B was an ex-convict who had served his sentence twice for related crimes and was even wearing an electronic anklet?

◆ Lee Soo-hyun: Yes, that's right. B was found to be wearing an electronic anklet at the time of the crime, which shocked me a lot. Mr. B has served his sentence twice for related crimes. Before that, I had a previous record of being suspended. So he was an ex-convict who had three previous sexual assault convictions.

◇ Won-hwa Lee: This is the fourth sexual assault, right?

◆ Lee Soo-hyun: That's right. And I started this sexual assault when I was 18 years old. At the age of 18, he was sentenced to three years in prison, suspended for five years, and imprisoned for a second sexual assault in 2007, six months after the end of the collection. After he was released from prison, he sexually assaulted a bar waitress again and was imprisoned for five years. What's more unscrupulous about B is that both the first and second third sexual assaults were recidivism in five and a half months after the period of detention or imprisonment of the previous crime. This case was also committed seven months after being imprisoned for the third sexual assault and released from prison. Now, if you wear an electronic anklet, isn't there a restriction such as a restriction on going out or housing that prevents you from going out far from your residence? So, it was confirmed that B went to victim A's apartment close to his residence and committed the crime.

◇Binary: Is there a radius or something to walk around wearing an electronic anklet? Or time?

◆Lee Soo-hyun: Now, in the case of radius, there is no specific radius stipulated by law, and there are restrictions on access to certain places or going out at certain times. And in the case of radius, there is no provision in the law for several meters, but the court says it is a special compliance matter that varies from case to case. This special compliance is imposed together. Usually, there are nights or times when many children go. You will be restricted from going out during school hours. In addition, there are restrictions on access to certain areas and places in schools and academies in children's sanctuaries. And residential areas can also be restricted depending on the case. I can't get a place where many children live anymore. And now, if the victim is a specific person, you can impose a restriction on access together. Now, night out is allowed, but the court only imposes special compliance with night out restrictions on cases where the risk of recidivism is high. Since there are many cases of recidivism after drinking, special compliance is imposed to prohibit drinking. This electronic anklet has a slightly funny inhibitory effect. It is judged that the electronic anklet has to be charged from time to time and cannot be charged, so if the electronic anklet is turned off, it has fled. However, this charging device can only be charged using a special pin, so you can't charge it if you don't go home. So it has the effect of forcing you not to leave far away from home and not for long.

◇ Won-hwa Lee: It seems that the prosecution requested chemical castration in the previous trial, but was this not possible?

◆ Lee Soo-hyun: Yes, that's right. Wasn't it the third sex crime up until the previous trial? At that time, the prosecution asked for chemical castration. However, the court dismissed chemical castration on the grounds that it should be cautious as it is related to human rights and cannot be regarded as a sexist. Therefore, the court saw that the possibility of committing a crime by failing to overcome sexual impulse was more important than the possibility of committing a crime. In the case of chemical castration, it is believed that this judgment was made because cases that can end up as sexual assault often lead to murder and worse consequences for the victim.

◇ Lee Won-hwa: I think he also did a psychopath test.

◆Lee Soo-hyun: Mr. B got a very high psychopathic score. I got 29 out of 40. How high is this? Cho Doo-soon, a child sex offender, has 29 points. It's the same score as Cho Doo-soon. And now Jung Yoo-jung, who murdered a woman of her age, has 28 points. Kang Ho-soon scored 27 points and Lee Young-hak, known as Molar Dad, scored 25. It's a very high score.

◇ Won-hwa Lee: It's very high. I don't think it was a case that could have been prevented in many ways, but the prosecution demanded the death penalty against Mr. B.

◆ Lee Soo-hyun: Yes, that's right. The prosecution indicted him on charges of rape and murder under the Special Act on the Punishment of Sexual Violence Crimes. In the case of rape and murder, you can only face the death penalty or life imprisonment. However, it seems that the prosecution judged that the death penalty was a very serious crime. Regarding the prosecution's sentence, the defendant is B. He tried to rape her, but he didn't kill her. Mr. A initially denied the murder charge, saying that he only jumped. After the prosecution investigation, he admitted to the crime, but insisted that the sentence be reduced because it was accidental and not planned in advance.

◇ Won-hwa Lee: I still remember that the father of the victim A posted on the Blue House National Petition Bulletin Board, and so many people were angry and sympathized with his opinion.

◆Lee Soo-hyun: Immediately after the incident, the victim's father posted a message on the National Petition Bulletin asking for the execution of the heinous killer who brutally strangled our daughter after sexually assaulting her. This petition has caused so much public anger that more than 110,000 people participated in the petition within three days of its launch. My father told me how right the victim lived and how filial he was, and my father knew the details of this case so well that he wrote it in the petition. He posted a petition by writing down all the incidents that he dragged back up.

◇ Lee Won-hwa: What was the result of the trial?

◆Lee Soo-hyun: The first trial court sentenced him to life imprisonment. Mr. B appealed again, saying that he was heavy here. Fortunately, however, the second trial court also maintained the original sentence of life imprisonment. In particular, the second trial court stated in detail the reason for the dismissal of the appeal, saying that it was a crime against humanity and that he died in the course of the crime.

◇ Lee Won-hwa: Case X File Today, we looked at the rape and murder case of Suncheon apartment that sexually assaulted and killed a senior's fiancee. At the time of the crime, Mr. B was a sex offender wearing an electronic anklet, not two, or three. He committed the crime again seven months after he was released from prison, and this time it led to murder. What's surprising is that this happens over and over again. That's why I can't help but wonder. Are laws and systems for rapists with high recidivism rates really okay as they are? That's all we've prepared for today. You all deserve to be defended. Incident X file, thank you everyone.