Attempted Murder, 5 Years Imprisonment, Court Says "Sentence May Be Considered Long or Short..." [Seocho-dong Legal Story]

Homeless Defendant Attacks Magazine Vendor with Weapon... 5-Hour Major Surgery and Aftereffects
Sentencing Considers Childhood Bullying, Harassment, and Paranoia as Mitigating Factors

[Asia Economy Reporter Kim Daehyun] "There may be people who think the sentence is too light, and there may be people who think the sentence is too long considering the defendant's unfortunate circumstances." On the 3rd, in a courtroom on the 5th floor of the Seoul Central District Court in Seocho-gu, Seoul, Chief Judge Yoo Young-geun of Criminal Division 23 said this during the sentencing trial of Lee Jin-ho (39, male, pseudonym), who was indicted on charges including attempted murder.

Earlier, Lee, who was homeless near Seoul City Hall Station, was indicted and tried in custody for attempting to kill Mr. A (43), who was selling magazines, by stabbing him 15 times with a weapon on May 14th. At that time, Mr. A suffered severe injuries requiring emergency blood transfusion and underwent surgery for about five hours, leaving physical aftereffects, and was reported to be experiencing anxiety with his family.

The first trial for this case was held in July. Initially, Lee only answered "I don't remember" or "I don't know" when asked about admitting the charges or personal details. However, as Chief Judge Yoo repeatedly questioned him, facts unknown even to the defense attorney were revealed.

Lee grew up in an orphanage from the age of three, was ostracized and beaten by classmates during school, resulting in a walking disability. After dropping out of high school, he moved to Seoul and worked in delivery jobs but never received a salary and was instead harassed by others. In this state, suffering from various mental illnesses, he lived as a homeless person. Accordingly, Chief Judge Yoo asked, "Would you consider undergoing a psychiatric evaluation?" and persuaded him by saying, "We will conduct a sentencing investigation, so tell the investigator anything that might be favorable to you." A sentencing investigation is a procedure that examines factors such as the defendant's family background, criminal record, circumstances of the crime, and whether a settlement was reached, which are considered when determining the sentence.

After about five months of proceedings, including the sentencing investigation, the court sentenced Lee to five years in prison. Chief Judge Yoo explained the sentencing by saying, "Although we mitigated the sentence due to diminished mental capacity and the fact that it was an attempted crime, the risk is too high. From the perspective of retribution for the defendant's actions as well as social protection, long-term confinement is inevitable," "However, the defendant suffers from mental illness and committed the crime under the delusion that the victim, whom he did not even know, was a malicious employer who withheld his wages." He added, "Considering all circumstances, the judgment was made, so receive treatment well and return to society," urging Lee.