Prosecutors said they will not appeal the acquittal in a retrial of a father and daughter in the "cyanide makgeolli murder case."
The Supreme Prosecutors' Office said on the 4th that it "humbly accepts the court's judgment and has decided not to file an appeal against the Gwangju High Court's acquittal in the Suncheon cyanide makgeolli murder case." On the 28th of last month, the Gwangju High Court acquitted Baek, 75, and Baek's daughter, 41, in a retrial, saying there was "insufficient reasonable proof that they committed the crime." They had previously received final sentences of life imprisonment and 20 years in prison, respectively, on charges including murder and parricide.
The Supreme Prosecutors' Office said it "takes seriously the court's criticism that during the prosecution's investigation at the time, defendants were induced to confess without objective evidence, the right to remain silent was not clearly explained when the confessions were taken, and the defendants were questioned while bound with handcuffs and ropes without reasonable cause, meaning the procedures or rights guaranteed by the Criminal Procedure Act were not fully ensured."
It added, "We deeply reflect on having failed to fulfill the prosecution's original duty and to properly guarantee the basic rights of the people."
It continued, "We offer our sincere apology to the defendants and their families, who likely suffered mental and physical pain for a long time," adding, "We will work to ensure that compensation procedures and measures to restore their reputation proceed swiftly and smoothly."
The Suncheon cyanide makgeolli murder case occurred on July 6, 2009, in a village in Suncheon, South Jeolla Province, when two of four residents who unknowingly shared makgeolli mixed with the toxic substance cyanide died and two were seriously injured.
Prosecutors indicted the Baek father and daughter, alleging they conspired to put cyanide in makgeolli, had Baek's wife, a person surnamed Choi, then 59, and Choi's acquaintance drink it, causing their deaths, and seriously injuring two residents who drank it together. In 2011, the Supreme Court finalized their convictions, but the father and daughter applied for a retrial in January 2022, saying "the prosecution abused its investigative powers to conduct leading questioning and clear evidence of innocence was found," and in January 2024 the Gwangju High Court decided to open a retrial.
The retrial panel found that Baek, who dropped out in the second year of elementary school and cannot read or write, and the daughter, who has a borderline intelligence quotient of about 74, were pressured by prosecutors during lengthy questioning. It also found unlawful the prosecution's investigation that failed to guarantee even basic rights such as the right to remain silent, the right to have counsel or a trusted person present, and the right to read and request changes to the record.