On the afternoon of May 21, the First Criminal Division of the Changwon Branch of the Busan High Court (Judges Min Dalgi, Park Jiyeon, and Park Geonhee) held an appeal hearing for defendant A, a man in his twenties, in the so-called "Geoje dating violence death case." The defendant faced charges including injury resulting in death, stalking (excessive contact behavior), and trespassing. The court dismissed both the prosecution's and the defendant's appeals, upholding the original verdict.
The appellate court rejected all of the defendant's claims, including his denial of the stalking and trespassing charges, as well as his assertion that he could not have foreseen the victim's death as a result of the assault.
The court stated, "The victim did not want to speak directly with the defendant or meet him, but the defendant continued to call the victim and even visited her residence, causing the victim to feel anxiety and fear."
The court further explained, "The defendant, who is physically strong, trespassed into the victim's home while intoxicated, strangled and beat the victim, who was asleep, and assaulted her indiscriminately despite her being more vulnerable than himself. Given the areas struck and the number of blows, an ordinary person could objectively foresee the possibility of death resulting from the defendant's actions."
Defendant A is accused of breaking into the home of his ex-girlfriend B, also in her twenties, on April 1 of last year, climbing on top of her while she was asleep, striking her head and face, strangling her, and repeatedly assaulting her, which resulted in her death.
Due to A’s assault, B suffered traumatic subdural hemorrhage and other injuries requiring six weeks of medical treatment. While receiving treatment at the hospital, she died ten days later from multiple organ failure caused by sepsis.
It was found that after starting a relationship with B, a high school classmate, in April 2022, A repeatedly committed acts of violence, such as slapping B on several occasions.
Even after breaking up with B just before the incident, A called her 14 times and, when she did not answer, went to her residence, engaging in excessive contact behavior (stalking).
The court stated, "The defendant has not fully acknowledged his guilt, has not made active efforts to compensate the bereaved family or heal their suffering, and it is questionable whether he feels genuine remorse. Human life has absolute value, and due to the seriousness of dating violence, it is imperative to raise social awareness through strict punishment."
However, the court also noted, "When the victim's head became swollen from the assault, the defendant contacted the victim's mother. It appears that he did not plan the crime or intend to kill the victim after she ended the relationship, and this was his first offense. Considering these factors, the original judgment is appropriate."
Previously, the court of first instance sentenced A to 12 years in prison and ordered him to complete 40 hours of a stalking treatment program.
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