Lee Eun-hae (31) and Jo Hyeon-su (30), the suspects in the 'valley murder' case, announced their hiding place as the police's arrest network was narrowed, but it is known that the possibility of surrender is not high under the criminal law.
According to the police on the 20th, Lee and Cho, who are charged with murder and attempted murder, were arrested by the police at about 12:25 pm on the 16th at an officetel in Deokyang-gu, Goyang-si, Gyeonggi-do.
As the police arrest network was narrowed, Lee and others expressed their intention to surrender to their father in the morning of the same day, and guided them to the 15th floor of the officetel building, which is a hiding place.
The police, who were investigating the officetel building already being used as a hiding place, went to the 15th floor of the building and met Cho who came out through the hallway.
Cho led the police to the 22nd floor of the building, which is a hiding place, and was arrested by the police along with Mr. Lee, who was inside the officetel.
A police official said, "I do not know the intention to have you come to the 15th floor instead of the 22nd floor, which is the actual hiding place."
Although they announced their location and cooperated in the arrest, the legal community judges that further review is needed to see if their actions are considered self-inflicted acts as stipulated by the Criminal Act.
After being arrested on the 16th and sent to the Incheon District Prosecutors' Office, Mr. Lee exercised his right to refuse to testify, saying, "I will not be investigated in the absence of an attorney."
Cho was investigated until the afternoon of the 17th, but showed a non-cooperative attitude, such as evading statements.
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Article 52 of the Criminal Act stipulates that the sentence can be reduced or exempted if the person surrenders to an investigative agency after committing a crime, but there are precedents that this provision does not apply to the accused who does not repent of the crime.
In 1994, the Supreme Court overturned the lower court and returned the case to the High Court, saying that the accused of rape and homicide, whose sentence was reduced for the reason of surrender, did not truly surrender.
At the time, the Supreme Court said, "Summary is an expression of intention in which a criminal voluntarily reports a crime to an investigation agency and seeks prosecution." It cannot be said,” he judged.
Prosecutors also said, "(Lee and Cho) simply told their location, unlike normal embroidery, so it is necessary to review whether or not it is considered an embroidery." said.
Jang Yeon-hwa, a professor at Inha University Law School, said, "It is difficult to discuss the final sentencing at the initial stage without prosecution." .
A police official also said, "It is true that Mr. Lee and others expressed his intention to surrender, but I think it is for the court to decide whether or not it is an surrender under the criminal law."
Lee, along with her ex-boyfriend Jo, is accused of murdering her husband A (age 39 at the time of death) in Yongso Valley, Gapyeong-gun, Gyeonggi-do, around 8:24 pm on June 30, 2019.