[New Square 2PM] Keep your father's body in the freezer...Son, "Because of his wealth".

■ Host: Anchor Park Seok-won and anchor Lee Se-na
■ Starring: Attorney Kim Sung-hoon

* The text below may differ from the actual broadcast content, so please check the broadcast for more accurate information. Please specify [YTN New Square 2PM] when quoting.

[Anchor]
Let's look at the incidents and accidents that are receiving a lot of attention. Case 2, today with lawyer Kim Sung-hoon. Please come in.

First, let's look at the case known as YTN alone. The news of his son turning himself in after hiding his father's body in a freezer for more than a year broke last weekend. Turns out this son filed for his father's multibillion-won divorce instead?

[Kim Sung Hoon]
That's right. In fact, it can be said that the concealment of the body itself is a shocking incident. Eventually, you see what the motivation for these things happened. Basically, there was a background that could have quite an economic purpose, and the investigation found that the background of the economic purpose was divorce proceedings.

[Anchor]
The Supreme Court ruling was confirmed in April, but one of the parties was dead, and the other was already filed for divorce by his son, right? But does the Supreme Court ruling stay the same?

[Kim Sung Hoon]
Basically, it is correct to think that this ruling is not effective. Basically, in the case of a divorce lawsuit, if one of the parties dies during the lawsuit, the lawsuit is terminated. It's a part that doesn't need to be done effectively anymore. The goal is to resolve the marriage, but when the party dies, the marriage is terminated, so the lawsuit can no longer be considered valid in this regard.

[Anchor]
Then, what happened to the property if the party died during the lawsuit?

[Kim Sung Hoon]
Basically, even if you are in a divorce lawsuit, you have the right to inherit as a spouse until the judgment is confirmed, so even if you die, there is a possibility that the inherited property will be inherited according to the legal inheritance. If there was no separate will, it can be inferred that in that case, the spouse may have the highest inheritance rate, so in the end, this crime may have occurred in this situation. In other words, in the case of death before the divorce proceedings are completed, the stepmother of the suspect, who can be called a spouse, can receive legal inheritance, so it can be inferred that he/she was decorated as if he/she were not dead to prevent this.

[Anchor]
So, can your son's behavior be seen as interfering with the trial?

[Kim Sung Hoon]
Basically, charges such as litigation fraud can be applied. First, the charge of concealing the body will be applied. Of course, it will be applied without dispute, and secondly, if you want to defraud the court and defraud the lawsuit based on false facts, you can be punished for this part of the lawsuit fraud, or fraud, to be precise.

In conclusion, it can be seen as a lawsuit fraud to commit various acts of deception as if they were alive to prevent legal inheritance and obtain a trial based on it. However, the first feeling we have while listening to this issue is bizarre. Because it's bizarre, new precedents can be set because there is or isn't an established precedent for what crimes of fraud can be applied in this type of case.

[Anchor]
I don't understand that even after my father's death, the divorce lawsuit continued and the Supreme Court ruling came out. Don't you usually go through this procedure, such as confirming the litigant in the court?

[Kim Sung Hoon]
That's right. Civil and criminal proceedings are a bit different. Criminal proceedings are not only important who the party is, but they are also the subject of being sentenced according to the guilt, so they must attend the criminal proceedings trial date. Even if you are present, there are procedures for continuing to verify the identity of the person. On the other hand, in civil lawsuits, if there is a legal representative, the parties do not necessarily have to attend. Therefore, in conclusion, there is no way for the court to directly recognize the death of the party.

[Anchor]
I think the part that needs to be pointed out more specifically is when the death time will be. It is said that in November, his son has already been caught buying a plastic bag to contain his father's body, what is it about?

[Kim Sung Hoon]
In conclusion, the investigation revealed that various measures were taken as a method of concealing the body in order to conceal the body. So, in conclusion, it shows that the act of concealing the body was not accidental, but a very deliberately elaborate crime.

[Anchor]
According to the primary findings of the National Forensic Service, no signs of murder were found in his father's body?

[Kim Sung Hoon]
Among the contents that can be confirmed through autopsy, the primary finding is that it is difficult to regard it as a death case caused by external force. However, in addition to this, it seems necessary to have specific possibilities such as poison or other possibilities in mind. However, in terms of the motive for the murder, I think the investigation will also confirm parts that are difficult to say that there is a deliberate motive for murder in order to prevent the death during the lawsuit from being revealed to the outside to the extent that the body of the deceased father is concealed.

[Anchor]
Earlier, the lawyer had to look at various precedents and pointed out the allegations in this case, but based on the circumstances revealed so far, how much can we expect the level of punishment?

[Kim Sung Hoon]
The level of punishment is also very high for the concealment of the body itself. Among frauds, the level of punishment is very high because it is a method of disrupting the legal order even in the case of fraud in which the court is the subject of deception. In this case, there is also an imperial part in concealing the body and concealing the body of the father.

Second, the sentence can be very high in that it has committed deception that shakes the judicial order for basic economic purposes. However, the punishment for fraud itself is not very high. There are parts that vary depending on the degree of defraudation.

If the amount of damage is more than 500 million won, the special police law can be applied, so if the sentence increases significantly, it is highly likely to be sentenced to heavy punishment if it is related to the division of assets worth billions of won. It can be seen that there is a very high possibility of being sentenced to prison.

However, as you said, it is necessary to examine when and how the legal inheritance took place individually depending on the effect of the divorce lawsuit depending on the period of death. In a few cases, to put it simply, as soon as you die, inheritance basically begins right away. At the time of death, it is divided into spouses and children who are legal heirs. On the basis of legal inheritance, 1.5, 1, 1. If you have two children, it is done like this.

In this case, it may also be important whether the deceased victim wrote a will before his death. There will be parts where the amount of damage varies depending on that part. If that's the case, basically, the divorce lawsuit should have ended and it should have ended with a court lawsuit, but by deceiving these parts as if they didn't exist and creating a divorce lawsuit, in fact, he wanted to take a part beyond the legal inheritance, which is the core of the crime.

[Anchor]
We need to keep looking into the investigation, but from what's out so far, we've reviewed the terrible crime of my son who kept his father's body in the freezer due to financial problems. Let's move on to the next topic that we prepared. Let's watch the prepared video together.

I don't think I've ever seen anything like this in my life. It happened at a house in Cheongju, North Chungcheong Province. When the landlord couldn't get in touch with the tenant, I called the police and opened the door, and there was a shocking scene in it?

[Kim Sung Hoon]
It appears to have bred hundreds of lizards and snakes and found dozens of them dead while neglecting them. Basically, it can be seen as animal abuse under the Animal Protection Act. In fact, it was rare to raise reptiles in large quantities and die while neglecting them in this way, but it often happened in other animals, dogs, and cats.

[Anchor]
You talked about animal abuse, but there are no specific charges that can be applied, right?

[Kim Sung Hoon]
Basically, the violation of the Animal Protection Act will apply. In addition, depending on the purpose of breeding, there are parts that are legally prohibited in the case of endangered species if the purpose is to breed and sell them for business purposes, not just pets. Additional punishment may be imposed according to the relevant laws.

[Anchor]
Recently, however, is the Supreme Court's sentencing standards regarding animal abuse being strengthened?

[Kim Sung Hoon]
It can be said that the legal consciousness and legal sentiment related to animal abuse have increased a lot. Therefore, the impact of animal abuse cases on our community is increasing and the need for punishment is increasing. There were such analyses that even if these contents were caught, it would be a soft punishment, and the sentencing standards have now changed based on the changed legal sentiment.

There are basic sentencing standards and weighted sentencing standards. There are basic and aggravated sentences for killing or killing, and for causing pain or injury in the process, respectively, and if there is a weighting factor, there are parts that can be raised to that extent. These are the weighting factors that can be done by using extremely brutal methods and so on. As I've just said, it's also a form of brutality that is deliberately abandoned and left to die.

[Anchor]
Does this weighted sentencing standard apply to judges' rulings?

[Kim Sung Hoon]
That's right. The sentencing standards themselves are basically judged at the discretion of the court on planned matters, but since they are intended to apply some uniformity overall, it is highly likely that decisions will be made according to the changed sentencing standards in the future. However, the sentencing standards announced this time will be finally confirmed around March after public hearings. Therefore, it is highly likely that a judgment will be made based on the court's or low sentencing standards after March.

[Anchor]
This man reportedly told his landlord that he had gone to work in another area due to the hardship of his life, but if that's the case, to what extent would that be taken into account?

[Kim Sung-hoon] If you went to another area for
days, you would not be able to say anything, but basically, if you could recognize and predict these parts, that is, if it is clear that you deliberately left dozens or more of them dead on a large scale if you left them like this, you would not take into account the sentencing very much.

[Anchor]
There were a lot of lizards and snakes in one house. As a result, there are suspicions that it is intended to be reproduced and sold, and police investigation is also needed, but if they were bred for the purpose of selling, don't these things need reporting procedures and things like this?

[Kim Sung Hoon]
That's right. And depending on the species, some investigations have shown that there were endangered species. In the case of endangered species, breeding for sale is prohibited at all. So, in this case, the investigation or punishment of the suspect is important, but it is also necessary to check the distribution or inflow channels. Depending on that, the subject of additional investigation and punishment may be determined.

[Anchor]
I see. Let's move on to the last topic we prepared. Let's watch the related video first and talk about it. This time again, it is known as YTN coverage. Investigations have begun on hospital directors and officials who illegally prescribed drugs such as propofol without recording them in the medical records. Let's start with the charges.

[Kim Sung Hoon]
According to the medical law, the handling and disposal of drugs that may be psychotic up to propofol should be accurately recorded and medically required. However, not only did not leave a proper record in this area, but also what has been prescribed arbitrarily for other purposes can be considered to have been booked for violating the medical law and the drug control law. One of the peculiarities is that there are circumstances in which it has not just been done once or twice, but has been carried out very repeatedly in business.

Furthermore, even the wife of the director was presumed to have died from propofol poisoning, but if she died in April, it is now November. If so, if the cause and reason of death have already been analyzed at the time, it is also necessary to check why the investigation was delayed.

[Anchor]
There are various suspicions, and one of the questions is that the wife, who was found dead at home in April, changed her posture before the autopsy, so what kind of intention should this be considered?

[Kim Sung Hoon]
We may not know the objective intention itself, but the fact that the part that needs to be investigated in connection with this case is that he died of propofol poisoning, or died of misuse, or other criminal charges. For example, it is necessary to look at whether there are any charges of murder.

[Anchor]
And I think this will be an issue whether it was prescribed by my husband or by another doctor.

[Kim Sung Hoon]
That's right. Basically, if misuse was done without any management, the charges of the case may be added depending on the method and intention of the prescription.

[Anchor]
As you said earlier, isn't it that there are many cases where the hospital director prescribed and administered illegally? Then, will the investigation be expanded for those who have administered propofol at the clinic?

[Kim Sung Hoon]
That's very likely. This type of crime has been caught countless times. And there have always been lawmakers, hospitals and medical personnel who have been illegally prescribing propofol commercially because of the issue of celebrity propofol prescriptions.

These two things have always been caught together. In this case, if you continue to illegally prescribe business, business, and business, rather than one-time, there may be many celebrities who rely on it, and there may be this distribution system, so there will be further investigation into it.

[Anchor]
It is a situation where more criminal charges may be revealed, but usually the person who illegally prescribed drugs, the person who was prescribed them, what charges and what punishment will they be?

[Kim Sung Hoon]
First of all, you will be charged with violating the Narcotics Control Act. And basically, if you repeat it as a business, you are very likely to be sentenced to prison. And in the case of medical personnel, violations of the medical law can also be applied.

[Anchor]
It was illegally administered without writing the contents of the medication in the medical record book, but is it difficult to detect it unless it is written in the medical record book like this?

[Kim Sung Hoon]
In conclusion, it is necessary to look at the distribution volume and purchase volume. In the end, the Ministry of Food and Drug Safety basically cross-comparison the amount of propofol used by this hospital and the contents of the prescription, and there are parts where excessive amounts are used or different details are caught. So, in conclusion, in terms of the details and quantity used so far, if you use a large amount that is difficult to see in general medical practice, you can be the subject of monitoring first.

[Anchor]
There have been many cases like this that famous celebrities have been involved in the illegal prescription of propofol, but some point out that the management and supervision of propofol is sloppy, what is it like under the current law?

[Kim Sung Hoon]
Under the Narcotics Control Act, it is managed as a drug that can cause psychotropic effects. As it was reported earlier, I saw that the government would strengthen related regulations to prevent self-prescription in the future, and on the contrary, I thought that self-prescription was possible in the meantime. In fact, if a medical professional self-prescribes himself, it is very difficult to determine whether the prescription itself is appropriate, so there were concerns that it would be possible to self-prescribe in this way and illegally prescribe it in other ways. Although it has been repeated over and over again, it can only be said that the management has been very poor in that such measures are now coming out.

[Anchor]
I see. Until now, there has been news that propofol will be designated as a prohibition target for this part because problems have been pointed out in self-prescription. We'll wrap up the talk after listening to this. Today, I was with lawyer Kim Sung-hoon in case 2. Thank you.