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Kwon Jae-chan, 54, who committed a series of robbery-murders in Michuhol-gu, Incheon, was sentenced to life imprisonment by an appellate court on the 23rd. Although he had been sentenced to death in the first trial, his sentence was ultimately reduced in the second trial.

(Omitted)

Attorney Chon Hyeong Hwan of YK Law Firm explained, “There are quite a few cases in which sentences are reduced after the first trial on grounds such as a settlement with the victim, the possibility of repentance and rehabilitation, and the fact that South Korea does not, in practice, carry out executions.”

In fact, the appellate court in Kwon Jae-chan’s case also reduced the sentence, stating, “Although it is difficult to expect the defendant’s humanity to be restored, it is questionable whether there are ‘special circumstances’ sufficient to justify the death penalty in the eyes of anyone.” The court cited as grounds that it was difficult to recognize the crime as a premeditated murder, and that the defendant had submitted letters of apology and confessed to some of the crimes.

“Life Imprisonment Allows Parole After 20 Years, Raising Risk of Retaliation”

As South Korea is effectively a country that has abolished the death penalty in practice, even if a court imposes a death sentence, it cannot actually be carried out. Nevertheless, some argue that the excessively low rate of death sentences is problematic. Attorney Chon said, “A death sentence has symbolic meaning in itself, separate from whether it is actually carried out, and because there is no parole, it also serves the function of permanently separating the offender from society.”

Unlike the death penalty, a person sentenced to life imprisonment becomes eligible for parole after serving 20 years. According to Attorney Chon, as average life expectancy continues to rise, this could leave enough time after release for an offender to retaliate against victims.

(Rest omitted)

Source: Chosun Biz, Reporters Noh Ja-woon and Hong In-seok, “Kwon Jae-chan and Go Yoo-jung Also Sentenced to Life Imprisonment… When Is the Death Penalty Imposed?” June 23, 2023.
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