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■ Progress: Byeon Sang-wook’s anchor
■ Cast: Jihoon Park / Lawyer
* The text below may differ from the actual content of the stream, so please check the stream for more accurate information.
[앵커]
The movement to commemorate Jung In-yang, a 16-month-old foster girl who died of terrible abuse by her adoptive parents, continues to spread. Let’s connect attorney Park Ji-hoon to organize the case. Attorney Park is with me. Hello?
[박지훈]Good Morning? This is Park Ji-hoon.
[앵커]The social anger is overwhelming with this incident. The prosecution is not an adoptee. Jang was charged with child abuse and lethality. It means lethality and death. Angry public opinion says why it is murder, killing a person or murder. This is fatality, murder. Is it really a matter that could be sentenced to murder?
[박지훈]First, the child abuse was fatal and abused, and as a result, death occurred. It is a fatality from child abuse. When the intention was to kill from the beginning, the result of death occurs and the crime of homicide is established. Legal use doesn’t make a big difference. For life imprisonment for more than 5 years and for murder, there is the death penalty. You can only be sentenced to life in prison for child abuse and death. However, there are certain sentencing guidelines and some differences. In the case of child abuse and fatality, it is basically supposed to be between 4 and 7 years. If it is a crime of murder, it can be committed for 10 to 16 years. If so, it is likely to be more than 10 years if it is a homicide crime. Because it can only be done so far, many people are getting angry now. That is why many petitioners also argue that the group should commit murder.
[앵커]When it is said that this will go to court, the judge will go to court to judge according to the law and conscience, but if public anger continues to invade and the petition is greatly pushed, this will be reflected in the trial. and the sentence. Will it work if people increase?
[박지훈]Some say that if there are 10,000 complaints it will have legal effect, but that is not correct. But the judge will see it. Looking at it, I think I will probably remember the meaning of the truth. I think the prosecution has work to do now. It is possible to change the complaint. The lawsuit is now being changed to murder, and the reason for this is that we must pay attention to CCTV the day before death. If you watch CCTV from the day before your death, everyone knows that this child is very sick. So I also see my mother and father watching it on CCTV, in a nursery. However, from the parents’ point of view, if the child is ill, they are obliged to take him to the hospital. It doesn’t matter if you don’t do that, and you’ve ever been abused and died. If there is such an unwritten intent, then murder is possible, so it is hoped that by combining the abuses that have continued so far and the images that have not been brought to the hospital the day before, the charge to murder can be changed. and punishment. I am.
[앵커]If you change your murder complaint and the court judge does not accept it, will you have to be released and prosecuted again?
[박지훈]It is not. It’s out there and it’s preliminary. All over the world, they mainly commit murder. Second, it is speculated that investigating agencies, especially the prosecution, are likely considering such a possibility because if it is not convicted as a murder offense, it can be punished as a second offense.
[앵커]Likewise, the most frustrating and curious thing in the investigation process of the case is that even people who work in nurseries and places like this one saw the child’s injuries or various situations as the basis for some type of abuse. Could be?
[박지훈]I missed tremendous opportunities. Three laps seem great. I talked about it once in kindergarten. There were also occasions when they reported that they had been left in a car. The third seems to be the most important. Later, when I returned to the nursery, I saw so much malnutrition that I went to the doctor, then the doctor said he suspected child abuse and sent him to the police station. For that, a police investigation was absolutely necessary. For whatever reason, the same thing happened in the 1st and 2nd sessions, and in the 3rd session, the police did not investigate properly and made an accusation. I wonder why I came to this conclusion, if there is any illegal element in the process of such a conclusion, and although it is said that I have now been disciplined, I think I should examine that part again.
[앵커]In such a case, could the abuser father be too safe, have a very good reputation around him, or be currently dealing with adoption matters at home, or have a day care director, or could this obscure the police trial?
[박지훈]This is the problem. If you’re dealing with a police officer, you need to remove bias against child abuse crimes or things like this and investigate. These people are people who have voluntarily adopted the adoption and are also involved in the adoption. Since my mother and father are working in churches and day care centers like this, I think I was convinced that there was absolutely no abuse from a police point of view. As a result, the 1st, 2nd and 3rd reports were ignored and consequently this unfortunate situation occurred. Probably foresight, prejudice. I think you could say that this could have been the trigger for this incident.
[앵커]Regardless, prejudices and predictions about child abuse problems must be quickly discarded. Politicians began to devise countermeasures, such as improving the legal system. What do you think needs to be improved to eradicate crimes of child abuse?
[박지훈]Even now, the law is good. According to the Law on Special Punishment Cases for Crimes of Child Abuse, life imprisonment is possible in cases of death from abuse. There is a saying that this is also ascending. Beyond here, I will disclose personal information to parents and the people who have abused them. This legislation is now revealed and expressed as the so-called Jung In Yi Law. Besides that, I think the most important part of society is worry. Also, I have to do some things like an investigative agency or add elements of abuse during a medical examination, but I think that this, especially this, should show a sense of solidarity in society. Because abuse crimes are caused by parents or adoptive parents, a lot of reporting and the like must be done. Also, I wonder if the police should investigate properly.
[앵커]Previously, in a journalistic report, there were 40,000 complaints of child abuse in 2019 alone, so this is not due to the irresponsibility and indifference of the whole society and the older generation. You will reflect. Attorney Park Ji-hoon, thank you for today.
[박지훈]Thank you.
[저작권자(c) YTN & YTN plus 무단전재 및 재배포 금지]