Intruder Claims, "I Thought It Was an Empty House"
Counter-complaint for Self-Defense Not Referred for Prosecution
Court Plans to Summon Nana and Her Mother as Witnesses
A man in his 30s, who was indicted and detained on charges of breaking into the home of actress Nana (real name Im Jinah), formerly of the group After School, threatening her and her mother with a weapon, and demanding valuables, denied most of the charges at his first trial.
On January 20, Yonhap News reported that the Criminal Division 1 of the Namyangju Branch of the Uijeongbu District Court (Presiding Judge Kim Guksik) held the first trial for Mr. Kim (34), who was indicted and detained on charges including robbery resulting in injury.
Mr. Kim is accused of breaking into Nana's residence in Acheondong, Guri, Gyeonggi Province, around 6 a.m. on November 15 last year, using a ladder to enter through the balcony window, threatening Nana and her mother with a weapon, and causing them injuries. Prosecutors believe that Mr. Kim committed the crime in a premeditated manner, having learned from the internet that Acheondong is home to celebrities and wealthy individuals, and citing financial difficulties as his motive.
However, Mr. Kim's side admitted to some of the charges but argued, "It was not for the purpose of robbery, but rather for theft." The defense attorney claimed, "He entered the house mistakenly thinking it was unoccupied, did not possess a weapon, and the victim initiated the physical altercation." Mr. Kim further asserted, "The weapon was brought out by Nana's side from inside the house," adding, "I did not threaten or choke Nana's mother; I only grabbed her shoulders to calm her down after she was startled." He also stated, "There was a physical struggle, but I was only resisting." In response, Presiding Judge Kim Guksik strongly refuted Mr. Kim's claims, asking, "If someone entered your home in such a manner, would you have remained calm?"
The legal issues in this case include whether the charge of robbery resulting in injury is applicable and whether the victims' actions constitute legitimate self-defense. Article 336 of the Criminal Act stipulates that causing injury to another person while carrying a weapon or dangerous object constitutes robbery resulting in injury, punishable by life imprisonment or imprisonment for at least seven years if convicted.
Nana and her mother, the victims, reportedly subdued Mr. Kim after a violent struggle and called the police. Nana and her mother were each diagnosed with injuries requiring 33 and 31 days of medical treatment, respectively. Subsequently, Mr. Kim filed a counter-complaint against Nana for attempted murder and aggravated assault, but the police determined that her actions constituted legitimate self-defense and decided not to refer the case for prosecution. Mr. Kim's side has requested fingerprint analysis of the weapon in this trial, and the court plans to summon Nana and her mother as witnesses at the next hearing scheduled for March 10.
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