"Struck victim's head like a soccer ball"
"Malicious intent and bad nature acknowledged"
"Kicking poses higher risk than ordinary people"
Assault on the street after dispute with victim
Hospitalized but eventually died
[Asia Economy Reporter Lee Jung-yoon] Three Taekwondo black belts were sentenced to heavy prison terms for collectively assaulting a man in his 20s at a club in Gwangjin-gu, Seoul, resulting in his death.
The Seoul Eastern District Court Criminal Division 12 (Presiding Judge Park Sang-gu) sentenced Kim (21), Lee (21), and Oh (21), who were detained and indicted on murder charges, to nine years in prison on the 25th.
The court stated, "The nature of the crime is severe, including kicking the victim's head like a soccer ball while he was collapsed," and explained the sentencing reason: "The defendants had trained in Taekwondo for a long time but brutally assaulted the victim, who was standing alone having lost the will to resist." It added, "The circumstances after the crime are also unfavorable, as the defendants left the scene without taking any action despite knowing the victim was lying on the freezing ground in the middle of winter at dawn," and "It is recognized that the defendants had an indirect intent to kill."
The court further noted, "All defendants professionally trained in Taekwondo, and the danger of their kicks is significantly higher than that of ordinary people," and added, "It appears that the defendants committed the crime in a moment of rage after a quarrel while somewhat intoxicated, and the sentence was determined considering that this was their first offense."
At the previous sentencing hearing, the prosecution requested the court to sentence the three to 12 years in prison each.
The prosecution argued, "The defendants focused their attacks on the victim's vital areas, including the head and upper body, and abandoned the unconscious victim without any measures, leaving the scene," and "The defendants had sufficient foreseeability that their actions could cause the victim's death." They also emphasized, "It is recognized that the defendants had indirect intent to kill, and they should be held jointly responsible as co-perpetrators of murder for the victim's death."
Kim and the others were initially detained on charges of causing death by injury, but the prosecution judged there was intent in the crime and indicted them on murder charges. Meanwhile, the defense argued that the assault was accidental and that applying murder charges was excessive.
All three defendants, who are 4th Dan black belts majoring in physical education, were indicted on charges of assaulting and ultimately causing the death of the victim after a quarrel at a club in Hwayang-dong, Gwangjin-gu, in the early morning of January 1. On the day of the crime, they approached the victim's girlfriend at the club and got into a physical fight with the victim. When a staff member intervened, they went outside, knocked the victim down, and kicked his face, among other assaults. The victim was taken to the hospital but died from a cerebral hemorrhage.
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