Prosecutors have asked a court to hand down heavy prison sentences to two men charged with beating film director Kim Chang-min to death following a minor dispute at a pork cutlet restaurant.
At a closing arguments hearing Thursday before the First Criminal Division of the Namyangju Branch of Uijeongbu District Court, presiding Judge Kim Guk-sik, prosecutors asked the court to sentence Lee, 32, and Lim, 32 — both indicted in custody on charges of murder and violation of the Act on Welfare of Persons with Disabilities — to 20 years and 15 years in prison, respectively. "The defendants, enraged that Director Kim had picked up a pork cutlet knife, formed a spontaneous intent to kill him and divided the specific acts of violence inside and outside the restaurant and in the alley, causing his death," prosecutors said. "The joint principal offenders under the murder statute are clearly established, and every member of the Prosecutors' Citizen Committee reached the same conclusion."
Prosecutors added that Lee had revealed his intent to kill during a phone call immediately after the attack, saying he had thought of nothing but killing Kim, while Lim had choked the victim to reduce his ability to defend himself and then did nothing to stop the beating that followed. "According to the attending physician and a forensic pathologist, the volume of brain bleeding suffered by Director Kim was consistent with what is seen in a fall or traffic accident, indicating that a powerful impact was applied — enough to be caused by a healthy adult stomping on him or slamming his head against a hard object," prosecutors said.
Prosecutors also noted that Kim's son, who has severe autism, watched his father being brutally beaten and experienced extreme anxiety and fear. They said the defendants had repeatedly made false statements to minimize or conceal their actions, appeared on YouTube to criticize the victim, and even mocked investigators and the court after their arrest warrants were initially rejected.
Lee's defense acknowledged that he had punched Kim but flatly denied the murder charge, arguing he had not kicked or stomped on him and had neither the intent to kill nor any foresight that death might result. Lim's defense argued that choking Kim after he picked up the knife was a lawful act of restraint to prevent further harm, that Lim had not conspired with Lee to commit murder, and that there was no causal link between his actions and Kim's death.
Both defendants also denied the disability welfare law charges, saying they had not known Kim's son had a disability at the time and had no intent to emotionally abuse him. In his final statement, Lee said, "I am truly sorry for the wrongdoing that has brought me to this point," adding that he regretted not having walked away and vowed never to act against the law again. Lim, tearfully, said he was sorry for thinking that a more active intervention on his part might have changed the outcome, but maintained that he had only tried to prevent a worse incident and had no intention of harming anyone, asking the court to ensure he was not held responsible for acts he did not commit.
The hearing also included witness examinations of three people: a forensic medicine professor, a restaurant patron who was present at the time, and the owner of a nearby shop. The forensic professor testified that Kim died from traumatic subarachnoid hemorrhage and subdural hemorrhage caused by repeated blows from Lee. The professor also said that Lim's chokehold — a so-called rear naked choke — had contributed to Kim's death by stripping him of his ability to defend himself and leaving him defenseless against the subsequent beating.
The restaurant patron testified to seeing Kim dragged limply into the alley after being choked and knocked down, while the neighboring shop owner testified to witnessing Lee strike Kim in the face seven or eight times as he lay collapsed in the alley, unable to resist.
Meanwhile, prosecutors raised during the defendant examination the fact that both Lee and Lim had received disciplinary action at Uijeongbu Prison while in custody. Lee, who was disciplined with 30 days of solitary confinement for having another inmate do his laundry and for damaging prison property, claimed another inmate had used him to try to change cells and that there had been a misunderstanding with corrections officers, saying the account was inaccurate. Lim, who received 25 days of solitary confinement for demanding money and having another inmate do his laundry, said he had found it difficult to adjust to prison life.
Kim's father, who watched the roughly four-hour hearing in its entirety, expressed outrage. "My son was killed in a group beating and a family has been destroyed, yet the defendants are calling it an accidental incident and showing no remorse whatsoever," he said. He added that nearly a year had passed since the incident without a single word of apology from the defendants or their families, and that their courtroom expressions of regret only made him angrier. "I hope the court delivers a fair and stern judgment," he said.
The two men are accused of killing Kim in the early hours of Oct. 20 last year after a dispute over noise at a restaurant in Guri, Gyeonggi Province, dragging him into a nearby alley and beating him with fists and feet. They also face charges of emotionally abusing Kim's son, who has a developmental disability and witnessed the assault.
Police initially referred the case to prosecutors on charges of assault causing death, but prosecutors upgraded the charge to murder after determining through a supplementary investigation that the defendants had foreseen the possibility of Kim's death. Kim lost consciousness after the attack and was taken to a hospital, where he was declared brain-dead 17 days later without ever regaining consciousness; he died after donating organs to four people. Sentencing is scheduled for Nov. 12.
kty@heraldcorp.com
