'Busan Dollyeo Chagi' Case Appeal Trial: 35 Years Imprisonment Requested for Attempted Rape and Murder
In the appeal trial of the so-called 'Busan spinning kick' case, where a woman in her 20s was indiscriminately assaulted and rendered unconscious while returning home in Seomyeon, Busanjin-gu, the central area of Busan, the prosecution demanded a 35-year prison sentence for the defendant.
On the 31st, at the sentencing hearing for defendant A held by the Criminal Division 2-1 of the Busan High Court (Chief Judge Choi Hwan), the prosecution requested 35 years in prison, attachment of an electronic monitoring device, and 20 years of probation.
The prosecution requested a change in the indictment, making the 'attempted murder' charge applied to A in the first trial a preliminary charge, and the 'attempted rape-murder' charge the principal charge, which the court accepted.
The prosecution's amendment to the indictment reflected the verification results of the victim's jeans, the re-examination results of DNA by the Supreme Prosecutors' Office, and the fact that the defendant struck the back of the victim's head with the intent of sexual violence to render her unconscious, then dragged her to a CCTV blind spot and stripped her clothes.
During the trial, the DNA verification results on the victim's jeans and other items were disclosed. Five instances of A's Y chromosome were found: four on the victim's jeans and one on a cardigan. The main areas on the jeans where A's Y chromosome was detected were the inside of the left front waistband and the inside of the thigh and calf areas.
The prosecution stated, "The intent to completely render the victim unconscious to commit rape and conceal the crime was expressed despite the risk of loss of life," and explained, "The defendant originally planned to strip the victim's pants and underwear to sexually assault her, but fled the scene due to an unexpected situation where the crime could be discovered."
However, A admitted to causing injury from the assault but denied any intent to murder or rape. Regarding the circumstances of following and assaulting the victim at the time of the incident, A explained, "It was due to auditory hallucinations that the victim, who happened to pass by on the street, was cursing at me."
A was indicted on charges of assaulting the victim for about 10 minutes in the shared entrance of an officetel in Busanjin-gu around 5 a.m. on May 22 last year while she was returning home.
According to CCTV footage at the time, A noticed the victim waiting for the elevator, shortened his stride to sneak up behind her, and suddenly kicked the back of her head with his foot, among other assaults.
A was sentenced to 12 years in prison in the first trial in October last year and is currently incarcerated. The appeal verdict is scheduled for 2 p.m. on June 12.
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