Accomplice to Murder Lee Eun-hae's Acquaintance Sentenced to 10 Years in Prison Confirmed
Lee Eun-hae (33) and Jo Hyun-soo (33), who were each sentenced to life imprisonment and 30 years in prison respectively for the "valley murder" case, have been acquitted of additional charges of aiding and abetting a criminal.
According to the legal community on the 22nd, the Supreme Court's 3rd Division (Presiding Justice Lee Heung-gu) upheld the original court ruling that acquitted Lee and Jo of the charges of aiding and abetting a criminal. A friend of Lee, who was charged with assisting the murder, was sentenced to 10 years in prison.
Lee Eun-hae, who was sentenced to life imprisonment for the 'Valley Murder' case, and Cho Hyun-soo, who was sentenced to 30 years in prison. Yonhap News
The court stated, "The original court found no proof of the crime regarding the charges against the defendants and therefore judged them not guilty," adding, "Upon reviewing the reasons for the original ruling in light of relevant laws and records, there is no error affecting the judgment such as failure to conduct necessary hearings, violation of the rules of logic and experience beyond the limits of free evaluation of evidence, or misunderstanding of the legal principles concerning the establishment of aiding and abetting a criminal and the evidentiary value of evidence," thus dismissing the prosecutor's appeal.
Lee and Jo were arrested and indicted on charges of drowning and killing Lee's husband, Yoon (aged 39 at the time of death), in Yongsogye Valley, Gapyeong-gun, Gyeonggi Province, on June 30, 2019, and were sentenced to life imprisonment and 30 years in prison respectively.
This case involves the two deciding to flee after being investigated by prosecutors in December 2021 on charges including murder and attempted insurance fraud, and asking acquaintances A and B to prepare a hideout and funds for their escape, thereby instructing them to aid in their flight. In fact, A and B helped by signing a lease for an officetel where the two stayed and paying the deposit and rent, assisting in their escape.
Self-escape by a criminal or destruction of evidence related to their own crime is not subject to criminal punishment. However, instructing others to help one escape or to destroy evidence related to one's crime is punishable.
The Supreme Court holds the position that acts falling within the usual scope of escape do not constitute aiding and abetting a criminal, but recognizes the establishment of such a charge when it involves abuse of the right to defense, such as causing others to make false confessions.
Earlier, the first trial court found Lee and Jo guilty of aiding and abetting a criminal and sentenced each to one year in prison. The second trial court upheld this judgment.
However, the Supreme Court overturned the original ruling sentencing them to one year in prison and remanded the case to the Incheon District Court. This was a remand with the intent of acquittal, stating that it was difficult to view Lee and Jo's actions as an abuse of the right to defense.
The court explained, "There is sufficient possibility to consider the acts within the usual scope of escape, making it difficult to conclude that the right to defense was abused."
Following the remand, the second trial court acquitted Lee and Jo in accordance with the Supreme Court's remand intent.
The court judged, "The defendants' acts of requesting A and others to provide a hideout to avoid investigation and moving to another hideout by riding in a car driven by them fall within the usual scope of escape."
The Supreme Court found no error in the lower court's judgment and dismissed the prosecutor's appeal.
Meanwhile, the Supreme Court confirmed a 10-year prison sentence for C, who was tried on charges of aiding the murder by creating an atmosphere that encouraged Yoon, who could not swim, to dive from a rock into the valley, as well as aiding violations of the Special Act on the Prevention of Insurance Fraud.
C is known as an acquaintance who met Lee through a group of runaway youths and maintained a long-standing friendship.
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