Three Taekwondo Black Belts Kick Victim
Defendant Claims "No Intent to Kill"
Accidental Crime, Appeals for Leniency
Prosecution Charges with Murder
Seeks 12-Year Prison Sentence
Court Sides with Prosecution
Sentences 9 Years Imprisonment
"Recognizes Implied Intent to Kill"
[Asia Economy Reporter Lee Jung-yoon] Three Taekwondo black belts were sentenced to nine years in prison for collectively assaulting a man in his 20s at a club, resulting in his death. Their lawyers argued that there was no intent to kill and that murder charges should not be applied. However, the court rejected these claims, ruling it as murder with indirect intent.
All defendants are 4th Dan Taekwondo practitioners who, in the early hours of January 1, got into an altercation with the victim at a club in Hwayang-dong, Gwangjin-gu, and assaulted him, leading to his death. On the day of the incident, they approached the victim’s girlfriend at the club and engaged in a physical fight with the victim. When staff intervened, they went outside, knocked the victim down, and kicked his face repeatedly. The victim was taken to the hospital but ultimately died from a cerebral hemorrhage.
The defendants have maintained that the assault lasted less than a minute and that there was no intent to kill. They claimed the assault was accidental and that applying murder charges was excessive. They also pleaded for leniency due to the unintentional nature of the crime. Initially, the defendants were detained on charges of injury resulting in death, not murder.
Earlier, the prosecution judged that the crime was intentional and indicted them on murder charges. At the sentencing hearing, the prosecution requested the court to sentence each of the three defendants to 12 years in prison.
The prosecution argued, "The defendants focused their attacks on the victim’s vital areas, including the head and upper body, left the unconscious victim unattended, and fled the scene without any action," adding, "It is recognized that the defendants had indirect intent to kill." They further emphasized, "They should be held jointly responsible as co-perpetrators of murder for the victim’s death."
Ultimately, the court sided with the prosecution. On the 25th, the 12th Criminal Division of the Seoul Eastern District Court (Presiding Judge Park Sang-gu) sentenced Kim (21), Lee (21), and Oh (21), who were indicted on murder charges, to nine years in prison.
The court explained the sentencing, stating, "The nature of the crime is severe, such as kicking the victim’s head like a soccer ball while he was collapsed," and "The circumstances after the crime are also unfavorable, as the defendants left the scene without taking any measures despite knowing the victim was lying on the freezing ground in the middle of winter."
The court also noted, "All defendants have professionally trained in Taekwondo, and their kicks and other attacks are significantly more dangerous than those of ordinary people," adding, "Having experienced such cases in Taekwondo competitions, the defendants must have been fully aware of the strength and danger of their strikes."
It continued, "Despite knowing the victim was lying on the freezing ground in the middle of winter, the defendants left the scene without taking any measures, which reflects poorly on the circumstances after the crime," and emphasized, "It is recognized that the defendants had indirect intent to kill."
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