The appellate court ruling in the so-called "Geoje Dating Violence Death Case" is now just one day away.
The Criminal Division 1 of the Changwon Branch of the Busan High Court has scheduled the appellate verdict for this case for 2 p.m. on May 21.
The defendant, a man in his 20s identified as A, was indicted on charges of breaking into the studio apartment of his ex-girlfriend B, also in her 20s, on April 1. He is accused of climbing on top of B while she was sleeping, striking her head and face, strangling her, and violently assaulting her, which resulted in her death.
Due to A's assault, B suffered severe injuries, including traumatic subdural hemorrhage, that required six weeks of treatment. She died in the hospital 10 days later. She was 19 years old at the time of her death.
A began dating B, a high school classmate, around April 2022 and repeatedly committed acts of violence against her. Even after breaking up with B just before the incident, he called her 14 times and, when she did not answer, went to her residence, according to findings.
Based on the autopsy results from the National Forensic Service and the attending physician's medical opinion, prosecutors determined that the victim died from systemic inflammatory response syndrome caused by head trauma, establishing a causal link between the assault and her death.
The court of first instance sentenced A, who was indicted on charges of causing death by injury, stalking (excessive approach behavior), and breaking and entering, to 12 years in prison and ordered him to complete 40 hours of a stalking treatment program.
Both the prosecution, which had sought a 20-year sentence, and B's side appealed the verdict, citing the sentence as unduly lenient, leading to the appellate trial.
During the appellate trial, A's defense attorney questioned whether there had been any errors in the hospital's treatment or judgment of the victim, making statements that appeared to deny A's culpability.
Referring to the hospital's official response, the defense argued, "The hospital has stated that it could not have foreseen the rapid progression of pneumonia and sepsis on the day of the victim's death. We ask the court to review, based on legal principles, whether A can be held criminally liable for causing death by injury."
In the previous hearing, A's side also argued, "We acknowledge the charge of breaking and entering, but there was no foreseeability of death regarding the charge of causing death by injury, and the conduct does not constitute stalking, so the sentence is too severe."
The father of the victim in the Geoje dating violence death case is entering the presiding judge's chamber at the Tongyeong branch of the Changwon District Court in Gyeongnam, where the first trial is underway. Photo by Lee Seryung
B's father stated, "Even if the perpetrator serves the full 12-year sentence as handed down in the first trial, he will only be 32 years old when released," calling for a harsher punishment.
He attended the previous appellate trial alone because his wife, who had endured the grief and shock of losing their daughter and had attended earlier hearings with him, experienced a rapid decline in health due to depression, panic symptoms, and sleep disorders.
B's father explained, "Police stations and public health centers have been calling or visiting my wife to check on her condition," revealing that she has been repeatedly expressing a desire to follow after their daughter.
He also said, "Despite a series of deaths caused by dating violence, not only has no related law been enacted, but the situation is not improving at all."
"They monitor phones, restrict movement, beat and strangle, and in the end, it leads to death. The methods of these crimes are always the same. The reasons for sentence reduction?being a first-time offender, showing remorse, being a newcomer to society?are always the same as well," he added.
He continued, "Is it acceptable just because someone is a first-time offender or new to society? I cannot understand why murder charges are not applied even though these fatal incidents keep happening."
The bereaved family has consistently called for harsh punishment for the perpetrator and the enactment of a law to punish dating violence through press conferences, national petitions, letters of appeal, and solo protests, hoping that no more victims like their daughter would emerge.
Although their repeated requests to amend the indictment to include a murder charge were not granted, they hoped this case would become the first among numerous dating violence death cases where a punishment equivalent to murder is imposed, rather than only causing death by injury.
The victim's family pleaded, "A person has died. Our daughter is gone. We want the perpetrator to receive a punishment that truly matches the crime committed. Please put an end to these ongoing deaths from dating violence. Please try to understand the feelings of parents who lose their children overnight."
With the prosecution again seeking a 20-year prison sentence as in the first trial, attention is focused on whether the appellate court will impose a harsher sentence than the original verdict.
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