[Interview file] Why did the'Jung In case' and the prosecution'change late'?

The first trial of '16 Months of Abuse and Death Case' was held at the Southern District Court of Seoul on the 13th.

The key to the first trial was whether or not the prosecution changed the complaint.

Initially, the prosecution prosecuted her step-mother, Jang, for child abuse and fatality as sent by the police, and declared that it would review the change of the crime name to murder under intense public opinion.

It was a change of position after Jang's harshly abused Jeong-in, and the organs of Jeong-in, who became a man-in-the-heart, were released one after another through the media.

Amid criticism from various groups, the prosecution, who wrestled with the reporters saying that it was not possible to inform the change of the complaint before the trial, applied for a change of the complaint at the beginning of the first trial.

The reasons for the change of the complaint by the prosecution at the trial are as follows.

The prosecution conducted an investigation into profiling techniques while investigating the reinforcement during the arrest of the defendant.

However, on the last day of the arrest period, without receiving the results due to the outbreak of Corona 19 in the southern detention center, they were charged with child abuse and fatality.

After receipt of the results, significant results were confirmed, and the result of the investigation up to the 11th was reviewed based on the results of the investigation until the 11th. Apply for.

(During the first trial of the Southern District Court in Seoul on January 13th) In

order to punish Mr. Jang for murder instead of committing child abuse and fatality, the intentionality of the murder must be proven, so several reinforcement investigations were necessary, and the change of the complaint was delayed.

The two new evidences that the prosecution has secured are 1) the results of Jang's profiling (integrated psychological analysis) and 2) Jeong In-yi's expert opinion on the cause of death.

In particular, the prosecution also released a separate press release, emphasizing that the profiling results of Jang were necessary to reveal the intention of the murder.

Regarding the willfulness of murder, not only the mode and degree of the external force that led to the death, but also the result of the integrated psychological analysis of the accused, the overall course of the abuse, and the degree of the likelihood of death. In consideration of this, it was decided that the (unwritten) intention for the murder was acknowledged as there was a perception that the victim might eventually die, and there was a willingness to tolerate it.

(In the press release of the Seoul Southern District Prosecutor's Office on January 13th)

Profiling of suspects is one of the important investigation techniques in cases where there is no evidence and no witnesses.

Lee Soo-jeong, a professor of crime psychology at Gyeonggi University, told SBS, "The integrated psychoanalysis test includes the result of lie detection. Based on the findings of the autopsy, we asked Jang a few questions, and it is estimated that the lie detector gave a meaningful result." I did.

Professor Lee also said, "Because of the nature of child abuse cases without direct evidence, profiling results can also be used as meaningful circumstantial evidence to form a trial trial."

If the psychological personality test determines that borderline personality disorder or hysterical (soft) personality disorder is found, this can also be used in court as a circumstantial basis to support Jang’s intentionality by combining other evidences. This is professor explanation.

The opinions of experts presented as main evidence by the prosecution also contained one step further than the existing autopsy appraisal.

Experts who responded to the prosecution's request commonly commented on the cause of death, saying, "A strong force was applied to the abdomen with a fist or foot, and the pancreas ruptured, causing excessive bleeding in the abdominal cavity."

The pancreas ruptures only when the pancreas is struck with strong force while the back is fixed to the wall or the floor, but the prosecution added the crime of murder and put this information together as a specific indictment.

However, if you look at the two things the prosecution has presented as new evidence, in the end there is no'new physical evidence'.

It is a new interpretation and contextual evidence of the existing evidence.

It seems that the only thing that changed was the prosecution's will to investigate.

On November 19, the prosecutors paid attention to Jung In-i's'pancreatic amputation' only after more than a month had passed since the incident came over from the police on November 19, and only after public opinion arose.

At the trial, the prosecution explained the reason for the'change of lateness', saying, "Because of the corona situation in the southern detention center, the receipt of the profile result for Jang was late."

It's an excuse that somehow looks out of place.

Lim Hyun-taek, chairman of the Korean Pediatrics and Adolescents Association, said in a phone call with SBS, "The prosecution had only requested an opinion on the 29th of last month, and the time was too tight to ask for a reply before the first trial."

If it is the heartbreaking characteristic of the child abuse case that the need to fight in court with only the wounded child's body while the voices of the witnesses, the victims, and the family fighting for the victim have been erased, it is the heartbreaking characteristic of the child abuse case. Much depends on the will of the investigative agency.

As it is not easy to find out whether the murder was intentional or not, the prosecution left a child abuse homicide in the complaint.

This is in case you are not convicted of murder, but if there is no special reason, the Supreme Court's sentencing criterion is that the crime of murder (10 to 16 years in jail) is more than twice the crime of committing child abuse (4 to 7 years in prison).

Through the data yesterday (14th), the prosecution said, "I regret and regret the fact that all circumstances were not sufficiently reviewed during the investigation process."

He added, "We will do our best to maintain strict prosecution and severe punishment during the trial process," he added, but I will continue to watch the trial that will take place in the future.

(Photo = Yonhap News)