Defendant Kim Hun, 44, in the "Namyangju stalking retaliatory murder" case partially denied the charges at the first trial, saying the killing was not for the purpose of retaliation. Kim's side also argued he was in a state of diminished mental capacity at the time of the crime.
On the 9th, Kim Guk-sik, Director General judge of Criminal Division 1 at the Namyangju branch of the Uijeongbu District Court, held the first hearing for Kim, who was indicted on seven counts including retaliatory murder under the Act on the Aggravated Punishment of Specific Crimes. The panel also consolidated and will hear together Kim's separate assault case that had been proceeding before Criminal Division 3 single-judge at the same court.
In court that day, Kim's attorney said, "The basic facts, including the indictment in the consolidated assault case, are different, yet the indictment concluded retaliation based on that," and added, "We acknowledge and confess to the remaining offenses, but he was in a state of diminished mental capacity."
Retaliatory murder is punishable by death, life imprisonment, or at least 10 years in prison. In contrast, the statutory minimum for ordinary murder is 5 years in prison.
Kim was arrested and indicted on charges of fatally stabbing A, 27, whom he had dated in the past, multiple times with a prepared weapon on a road in Onam-eup, Namyangju, Gyeonggi, at about 8:58 a.m. on Mar. 14.
However, Kim had been indicted without detention on charges of assaulting victim A last May, causing injuries including fractured ribs. Prosecutors believe Kim used violence in anger after A demanded a breakup.
After the investigation began, Kim tracked A's location and went to demand a letter of nonpunishment or withdrawal of the complaint, it was found. He is also accused of trying to prevent an acquaintance of A from appearing as a witness at the second hearing, which had been scheduled for Apr. 11, after the first hearing in the assault case in February.
Prosecutors believe Kim committed the crime to retaliate against the victim after his attempts to smooth over the assault case did not work out.
In response, the attorney said, "On the day of the crime, the defendant went to return A's belongings," and argued, "The previous day, he received counseling and treatment at a psychiatric hospital, and the doctor added more antidepressants than usual and even conveyed a caution that taking them with other medicine could be fatal."
The attorney also asked the court to verify Kim's psychiatric evaluation records and to summon the attending physician as a witness.
Immediately after the crime, Kim damaged his electronic anklet, attached a temporary license plate he had picked up a few days earlier to his vehicle, and fled. He was caught in Yangpyeong, Gyeonggi, in about an hour and reportedly said at the time that "he could not remember because of the medication."
Kim's side also demanded that prosecutors promptly decide whether to indict him on the alleged violation of the Location Information Act that they are currently investigating.
While investigating the retaliatory murder and other charges, prosecutors secured a statement from Kim that, with the help of an acquaintance, he installed a location tracker. After receiving this information, police belatedly arrested three accomplices and referred them for additional charges.
If the three accomplices are brought to trial, it is highly likely the same panel handling Kim's case will hear them together.
The second hearing for Kim will be held in the same courtroom on the 18th of next month.