First Hearing at Gwangju High Court: Dispute Over Evidence Admissibility
Prosecution: "Reflect the Value" vs. Defense: "Illegally Collected"
At the first appellate hearing of the retrial for Kim Sinhye (48), who was sentenced to life imprisonment for the murder of her biological father, the prosecution and the defense clashed over the admissibility of evidence collected during the investigation stage.
Kim Sinhye (center), who was acquitted in a retrial after 25 years, is responding to questions from reporters as she leaves Jangheung Prison in Jeonnam on January 6. Photo by Yonhap News
The Criminal Division 2 of the Gwangju High Court (presided over by Judge Lee Euyeong) held the first appellate hearing for Kim, who was indicted on charges of parricide, on October 21. Kim was brought to trial for allegedly killing her father (then 52 years old) by giving him whiskey mixed with sleeping pills in Wando-eup, Wando-gun, Jeonnam, on March 7, 2000.
The prosecution requested the court to accept evidence that had been excluded during Kim's acquittal retrial. This included copies of a notebook containing details of the alleged crime plan, the suspect interrogation report, and testimony from acquaintances who claimed to have heard confessions. The prosecution argued that although there were procedural shortcomings in the collection process, the substantive value of the evidence should be recognized.
Kim's attorney, Park Junyoung, countered, stating, "Evidence such as notebook pages that were partially torn out and submitted as copies was collected illegally," and insisted, "No exceptions should be made." Kim also spoke directly, saying, "It is painful and distressing to have to watch the prosecutor's theatrics in court again," and maintained her innocence.
This appellate retrial, initiated by the prosecution's appeal, was also mentioned during the National Assembly's Legislation and Judiciary Committee's nationwide court audit on the same day. Seo Youngkyo, a lawmaker from the Democratic Party of Korea, pointedly asked Jang Yonggi, Chief Judge of the Gwangju District Court, "Is Kim Sinhye innocent or guilty? There should be a way to file a constitutional complaint in such cases."
The court plans to hold the next hearing on December 16 to continue examining the evidence.
In the original trial, Kim had admitted to the crime, but later recanted, claiming, "I made a false confession to clear my younger sibling's name." As procedural violations in the investigation were recognized, a retrial was granted in 2015, and this past January, 24 years after the incident, she was acquitted.
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