Serious Illegality and Lack of Evidence in Investigation and Prosecution Process
"It Was Extremely Painful, but I Feel Relieved to Have Found Justice"
Kim Shinhye (47), who was the defendant in the “Kim Shinhye Biological Father Murder Case” that occurred in Wando-gun, Jeollanam-do in March 2000, has been acquitted 24 years and 10 months after the incident.
This ruling marks the first retrial case for a life-sentenced inmate serving time in Korea. The Criminal Division 1 of the Haenam Branch of the Gwangju District Court (Presiding Judge Park Hyunsoo) acquitted Kim at her retrial sentencing hearing, stating, “There were significant procedural violations and a lack of evidence during the previous investigation and prosecution.” The court especially noted, “The defendant’s confession cannot be trusted as it was obtained through coercive investigation and illegal interrogation.”
Kim Sinhye (center), who was acquitted in a retrial after 25 years, is responding to reporters' questions as she leaves Jangheung Prison in Jeonnam on the 6th. Photo by Yonhap News
The case began in March 2000 when a man in his 50s, referred to as Mr. A, was found dead at a bus stop in Wando-eup. Initially, the death was presumed to be accidental, but an autopsy revealed the presence of alcohol and a sedative in his blood, raising suspicions of homicide.
Subsequently, Kim’s uncle reported to the police that “Kim Shinhye killed her father out of resentment over sexual harassment,” leading to Kim’s urgent arrest. At the time, 23-year-old Kim was indicted on charges of killing her father, Mr. A (then 52), by giving him whiskey laced with sleeping pills. She was sentenced to life imprisonment in the first trial, and the verdict was upheld by the Supreme Court.
Kim’s case was revisited by the media and television in the 2010s. Many viewers pointed out the police’s coercive investigation and insufficient evidence, raising the need for a retrial. In particular, retrial specialist lawyer Park Junyoung took on the case, advocating for Kim’s innocence.
After a review by the Korean Bar Association in 2015, a retrial petition was filed, and in 2018, the decision to begin the retrial was made. Over the following seven years, the prosecution continued to claim Kim’s guilt, but attorney Park strongly argued for her innocence, stating “There is no direct evidence to prove murder, and the multiple illegalities revealed in the police investigation undermine its credibility.”
After seven years of retrial proceedings, the court ultimately ruled in Kim’s favor. As she left the courtroom, Kim said, “It was extremely painful, but I am relieved to finally find justice,” adding, “This verdict has resolved my grievances. I am grateful to the lawyers and everyone involved who worked to uncover the truth.”
Retrial specialist lawyer Park Junyoung stated, “I hope this verdict will be a significant turning point for the restoration of the honor and lives of the defendant and her family,” and added, “The power of truth from the person who has consistently claimed her innocence for 24 years was the strongest evidence for her acquittal.”
Attorney Park also said, “We filed for a retrial in 2015, but for nearly 10 years, we endured a frustrating situation with no verdict. I am grateful to the citizens who encouraged and supported us, believing that the truth would eventually come to light.”
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