Jung-in’s issue of proving wool’murder crime’… ‘Identification of tangible power + unwritten intention’

In front of the Seoul Southern District Court, Yangcheon-gu, Seoul, on the afternoon of the 13th, when the first trial was held against the adoptive parents who were accused of abusing him for months after adopting In-yang Jung, a memorial phrase hangs in commemoration of In-i Jung. 2021.1.13 © News1-In connection with the trial of the adoptive parents who abused the adopted parents, which led to death, the adoptive parents admitted some charges of abuse, but claimed there was no intention to lead to death, and a fierce court battle between the adoptive parents and the prosecution is expected. In particular, attention is focused on what strategies the woolen side, who was additionally prosecuted for murder, will try to reduce the sentence as much as possible in the remaining trial.

On the 13th, at the foster parent’s trial held in the Seoul Southern District Court, the mother’s side did not intend to neglect or abuse Jung In-i, but consequently admitted to the fractured clavicle and rib. However, he denied all of the cases of habitual child abuse and child abuse and fatality, saying,’I admit that I was hit, but I did not deliberately lead to death.’ As a result, the mother’s side only admitted charges of child abuse and neglect of children.

On the mother’s side, the prosecutors pointed out habitual child abuse, child abuse, child abandonment, and murder as peripheral prosecutions and child abuse fatalities as preliminary prosecutions. If the crime of murder is judged first, and if the crime of murder is not guilty, it will be tried again for the crime of child abuse and lethality.

The biggest difference between the crime of child abuse and homicide is whether there was an intention to kill. If the crime of child abuse and fatality caused the death of a child even if there was no intention of murder, the crime of murder refers to the death with the intention of murder. According to this, the prosecution is expected to unfold the logic that’Jung In-i died due to violence against Jeong In-i with the intention of killing her wool’, and the Yang mother’s side’did not intend to kill, and admitted violence, but Jung In-i died for other reasons. ‘Seems to unfold the logic. ◇’Even though you could die, did you hit him?’ Demonstrating the intentionality of murder is a key issue

In the first trial held on the 13th, the prosecution further prosecuted wool for murder, even when applying for a change in the complaint. In the end, it applied the unwritten and deliberate crime of murder, saying, “Is Jung-in abused with the intention of killing?”

Accordingly, the core issue of the battle between the prosecutors’ side and the lawyer’s side seems to be scientifically and judicially contesting’by what type of force this death occurred.’ The prosecution has no choice but to focus on forensic proof that Jung In-yi’s death was intentionally tangible and killed by wool.

The prosecution commissioned and inquired about the cause of Jung In-i’s death, including a forensic expert, and determined that Jeong In-i died from “abdominal damage such as pancreatic rupture and excessive bleeding due to a wide and strong external force applied to the abdomen such as stepping on it with feet.” The prosecution actually applied for a forensic doctor and a professor of forensic science as witnesses, and they are expected to argue that Yangmo’deliberately committed violence against Jung In-yi’ in a later trial.

On the other hand, it seems that Yangmo’s side is unfolding the logic that it cannot be convicted of murder by looking only at the diagnosis result in a situation where there is no specific evidence such as the method of murder. Attorney Seong-Hoon Kim, attorney at Logos said, “In forensic purposes, we will try to prove that this degree of physical damage is not intentionally exercised, but in other forms (damage) is possible.” “Through accidental or unintended accidents, “It can offer other possibilities, such as that force can be applied.”

Attorney Kim said, “If the prosecution is responsible for proving the substantive truth. If the prosecution was killed without specifying the method of killing in detail, it means that the prosecution has not proved enough to rule out reasonable suspicion.” “It’s a lot of arguments in the world, and there is a possibility that they would intentionally claim that they would have concealed them (if they intended to kill).

◇Similar to murder crime and child abuse and lethal sentence in reality… “The crime of murder should be applied to the alarm bell”

Meanwhile, the actual sentence for murder and child abuse is almost the same. Both are imprisoned for more than 5 years or imprisoned for life, and in the case of murder, the death penalty is possible, but the sentence is almost the same in the situation where execution is not practically executed. In addition, it is said that the sentencing criteria are also higher than that of child abuse and lethality in the case of murder, but if you put together the words of the legal profession, the sentence for child abuse and lethality, including this case, can be as high as that of murder.

Accordingly, the prosecution of the prosecution who further prosecuted him for murder increased social anger over Jung In-i’s death, and the wool was simply violent, but Jung In-i did not die, but believed that it was a’murder’ in which he exercised violence even though he knew that he could die. will be. This may result in similar sentences, but the sentence of ‘homicide’ to the woolen mother, which could set off an alarm in society in connection with child abuse.

In addition, in the case of the case, there is a possibility of condemning murder, the legal profession carefully predicted.

JC&Partners lawyer Hwang Soo-cheol said, “In the last Ulsan child abuse death case, there was an injury fatality in the first trial, but the judgment was changed to murder in the appeal trial.” “At the time, a forensic scientist came out as a witness and how many shocks had to be given to the child It proved that it could be broken and killed, and it became evidence that the murder was intentional.” In 2013, in Ulsan, a stepmother was sentenced to 18 years in prison for murder for killing her 8-year-old stepdaughter who said she would go on a picnic.

The child abuse death case in Cheonan last June was also convicted of murder. A stepmother confined her 9-year-old step-children in a suitcase and abused her with the children by trampling the suitcase or blowing warm air with a dryer.

However, unlike the death of Cheonan child abuse in which there were witnesses at the time of the death of the stepmother’s children, there are no witnesses in the death of Jung In-yang, and the specific cause of death is unknown.

“Many child abuse deaths have been prosecuted and punished as child abuse deaths,” said Lee Soo-yeon, director of public affairs at the Women’s Bar Association. It is something that can be seen,” he said. “(If the crime of murder is confirmed), it can sound a stronger alarm not only in this case, but also afterwards.”

(Seoul = News 1)