▲ A suspect (center) in the fatal assault case of late film director Kim Chang-min is escorted to the courtroom for a pre-trial detention hearing (warrant substantive review) at the Namyangju Branch of the Uijeongbu District Court in Namyangju, Gyeonggi Province, on the morning of May 4.
Prosecutors have sought heavy prison sentences for two defendants on trial for allegedly assaulting and killing late film director Kim Chang-min.
During the sentencing hearing held at the Namyangju Branch of the Uijeongbu District Court today (October 8), prosecutors requested the court to sentence the defendants, surnamed Lee and Im—who were indicted and detained on charges of murder and violation of the Welfare of Persons with Disabilities Act—to 20 and 15 years in prison, respectively.
"The defendants flew into a extreme rage and premeditatedly decided to kill the director simply because he was holding a pork cutlet knife, dividing specific assault tasks inside and outside the restaurant and in an alley to cause his death," prosecutors stated. "Joint principal liability for murder is clearly established, and all members of the citizens' prosecution committee reached the same conclusion."
They emphasized, "Immediately after the crime, Lee revealed his intent to kill, stating in a phone call that he had no choice but to kill Director Kim, while Im compromised the victim's ability to defend himself by choking his neck and failed to stop the subsequent assault. According to the attending physician and forensic experts, Director Kim's cerebral hemorrhage volume was comparable to that seen in falls or traffic accidents, indicating that strong impacts were inflicted, equivalent to a robust adult stepping on him or smashing his head against a hard object."
Prosecutors further explained the reasoning behind the sentencing demand: "The victim's son, who suffers from severe autism, experienced extreme anxiety and fear while watching his father being ruthlessly assaulted right before his eyes. The defendants engaged in false statements to minimize or conceal their crimes, even appearing on YouTube channels to blame the victim, and went as far as mocking investigative authorities and the court when their arrest warrants were initially dismissed."
In response, Lee's legal counsel fully denied the murder charge, admitting that he punched Director Kim, but arguing that he did not kick or trample him, nor did he have any intent to kill or foresight of the possibility of death.
Im's defense argued that Im was merely taking legitimate suppressive action by choking Kim's neck to prevent further harm when Kim held a knife, that he did not conspire with Lee to commit murder, and that there was no causal relationship between his actions and Director Kim's death.
The trial on this day featured witness testimonies from three individuals: a forensic medicine professor, a customer who was at the restaurant at the time, and the owner of a nearby shop.
The forensic medicine professor testified that Director Kim died from traumatic subarachnoid hemorrhage and subdural hemorrhage caused by Lee's repeated assaults.
The expert also explained that Im's choking action, known as a "rear naked choke," contributed to the death by impairing the victim's ability to defend himself, leaving him defenseless against the subsequent beatings.
The restaurant customer testified to seeing Director Kim collapse after being choked and dragged powerlessly into the alley, while the nearby shop owner testified to seeing Lee strike Kim's face 7 to 8 times as Kim lay helpless and unable to resist in the alley.
The defendants are accused of getting into a dispute with Director Kim over noise issues at a restaurant in Guri, Gyeonggi Province, in the early hours of October 20 of last year, dragging him into a nearby alley, and beating him to death with fists and feet.
They also face charges of emotional abuse, such as causing extreme fear by letting the director's son, who has a developmental disability and was with him at the time, witness the assault.
Initially, police referred the suspects on charges of bodily injury resulting in death, but during supplementary investigations, prosecutors concluded that the suspects had foreseen the possibility of Director Kim's death, thereby applying murder charges and indicting them in detention.
Director Kim lost consciousness after the assault and was rushed to the hospital, but failed to regain consciousness and was pronounced brain-dead 17 days later. He passed away after donating his organs to four people.
The sentencing hearing for the defendants is scheduled for November 12.
(Photo: Yonhap News)
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