Stalker Who Killed Ex-Lover Faces Additional 'Retaliatory Murder' Charge...Prosecutors File Request to Amend Indictment

Prosecutors recently applied the charge of retaliatory murder, which carries a heavier sentence than murder, to a man in his 30s who was prosecuted for killing his ex-lover in Incheon last July after stalking her.

On the 13th, the Incheon District Prosecutors' Office announced that it had recently submitted a request to the court to amend the indictment against Mr. A (30, male), who was charged with murder and violation of the Act on the Punishment of Stalking Crimes, to include retaliatory murder under the Act on the Aggravated Punishment of Specific Crimes.

While changing the indictment, prosecutors changed Mr. A's main charge to retaliatory murder, but also applied the general murder charge as a backup in case the retaliatory murder charge is acquitted.

A prosecutor stated, "In addition to the evidence secured during the investigation phase, we reviewed additional testimonies obtained during the trial process before applying for the indictment amendment," adding, "Considering the timing and circumstances of the defendant’s purchase of the weapon and the point when the victim reported the stalking, it appears the killing was done with retaliatory intent." Prosecutors judged that the defendant killed the victim to retaliate for the victim’s reporting and providing investigative leads against Mr. A.

A man in his 30s who stalked and killed his ex-lover
Photo by Yonhap News

Earlier, on the 5th, the victim’s side had submitted a petition to the court requesting that Mr. A’s charge be changed to retaliatory murder. Attorney Song Myeong-jin, representing the victim’s side, said, "Initially, retaliatory murder was not recognized because there was a time gap between the victim’s stalking report and Mr. A’s crime. However, considering the timing of Mr. A’s purchase of the weapon and the ongoing stalking circumstances, it can be seen that the motive for retaliation against the victim was maintained."

If Mr. A is charged with retaliatory murder, he is expected to receive a heavier sentence than for the existing murder charge. The statutory minimum sentence for murder is imprisonment for five years or more, but if retaliatory murder under the Special Act is applied, a minimum sentence of ten years imprisonment is imposed.

Mr. A was arrested and indicted on charges of stabbing his ex-lover Ms. B (37, female) in the chest and back with a weapon in the hallway of an apartment in Namdong-gu, Incheon, at around 5:53 a.m. on July 17. He also swung the weapon multiple times at Ms. B’s mother, who came out of the house upon hearing Ms. B’s screams and tried to stop the crime, causing severe injuries to both of her hands.

It was investigated that Mr. A committed the crime despite having received the court’s provisional orders No. 2 and 3 in June, which prohibited him from approaching within 100 meters of Ms. B and from contacting her via electronic communications, due to previous assault and stalking offenses.