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Check-in 2020.12.24 12:00
According to the court on the 24th, the third party of the Supreme Court (Judge Noh Tae-ak, Chief Justice Noh Tae-ak) upheld the court case that dismissed Choi Mo’s appeal, who was handed over to trial for murder on day 10, and sentenced him to 12 years in prison.
Choi has made a living on the income of street vendors and insurance money due to her husband A’s lack of financial capacity. Then in January 2019, Mr. A won the first lottery and received around 780 million won.
From this moment on, the positions of Mr. Choi and Mr. A changed. When Mr. A began to become obsessed with winning the lottery, he spilled abusive language and contempt for Choi for a year. Mr. Choi eventually became resentful of Mr. A.’s words and actions.
The incident occurred on December 23, 2019. On that day, Mr. A, Mr. Choi and Mr. Choi’s older sister, Mr. B, were discussing the issue of repairing the house. During the story, it was revealed that Mr. A bought the land in Changnyeong-gun, Gyeongsangnam-do, taking a loan without consulting him. This turned into a fight, and Mr. A was so excited that he came out with a mallet from the laundry room and threatened Choi.
To counter this, Choi held up a mallet and Mr. Choi’s hand managed to remove the mallet by biting A’s hand with its mouth. Then he hit A’s head once with a mallet. Mr. A fell to the ground, but Mr. Choi did not stop and hit Mr. A’s head with a mallet. Mr. A asked to be saved and stopped the mallet with his hand, but Mr. A did not stop. Even without Mr. A’s knowledge, Mr. Choi covered Mr. A’s head with a blanket, covered his face and hit him with a hammer. Mr. A finally died.
When 119 paramedics arrived at the scene and tried to give Mr. A a heart massage, Choi became excited again and tried to hit Mr. A with a hammer. At that moment, Mr. Choi yelled, “I’ve been fighting for a year because of you, I want to beat them all.” The paramedics stopped Choi, but Choi exclaimed, “Don’t touch me because I rolled my eyes.”
Choi protested saying that he was not willing to commit suicide at the trial and that Mr. A took a hammer to defend himself while threatening him with a hammer.
The first court of first instance sentenced Choi to 12 years in prison, saying: “It appears that the blow to the victim’s head about 20 times with a mallet was not due to the defense doctor, but to feelings of anger towards the victim”.
Choi appealed for being unfair because the sentence was harsh. However, the second trial court said: “If you combine the cruelty and seriousness of the crime in this case, and the recommended sentence range according to the sentencing criteria (10 to 16 years in prison), there is no considers that the sentence handed down by the lower court is too severe and unfair. ” The appeal was dismissed.
The Supreme Court also dismissed Choi’s appeal.
The Supreme Court said: “In light of the form and consequences of this case, the guilt is very grave and the victim must have suffered extreme fear and pain that is difficult to imagine to death.” It fundamentally destroys basic legal and moral obligations, which requires severe punishment. “