Prisoner in his 60s who stabbed a fellow inmate with a weapon has his sentence commuted on appeal

Accused of stabbing a fellow inmate with sharp chopsticks
Additional prison sentence in addition to life imprisonment... Disadvantages such as exclusion from parole

A life sentence inmate who was indicted on charges of stabbing a fellow inmate with a weapon and sentenced to three years in prison in the first trial had his sentence commuted on appeal.

According to the legal community on the 25th, the Busan District Court Criminal Appeal Division 3-2 (Chief Judge So-yeon Lee) overturned the original trial that sentenced Mr. A (60s), who was indicted for special injuries, to three years in prison at the sentencing hearing and sentenced him to two years in prison.

According to the crime acknowledged by the court, Mr. A was sentenced to life imprisonment for murder by the Busan High Court in August 1989 and was serving his sentence in Busan Prison.

At around 1 a.m. on May 13 last year, Mr. A made a sharp weapon by grinding the end of a plastic chopstick on the cement floor of a bathroom to stab fellow inmate B (60s), with whom he had a bad relationship, at Busan Prison in Gangseo-gu, Busan. Subsequently, Mr. A is accused of stabbing Mr. B in the face several times with a weapon prepared in advance at a workshop in the prison at around 10:10 a.m. on the same day.

As a result, Mr. B reportedly suffered injuries to his face that required two weeks of treatment.

In October last year, the first trial court sentenced Mr. A to three years in prison. Afterwards, Mr. A filed an appeal on the grounds that the first trial sentence was too many.

The appellate court commuted Mr. A's sentence, saying, "Mr. A has already been punished several times for violent crimes, and although he was sentenced to life imprisonment for murder and is serving a life sentence, he committed this crime again. However, considering all the sentencing factors, such as the fact that Mr. A admits to the crime in this case and the fact that the victim fortunately did not suffer fatal injuries, the original trial's sentence is too heavy and unjust."

What does additional imprisonment mean to a defendant like Mr. A who was sentenced to life imprisonment?

Attorney Kim Young-hyeong of Daeryun Law Firm explained, "If a life sentence inmate is sentenced to additional imprisonment, there is a very high possibility that he or she will be deprived of the opportunity for parole review. In addition, from a criminal policy perspective, if he or she harms someone or commits a crime in prison, he or she may receive an additional sentence and extend his or her sentence. This has the effect of facilitating the management of inmates."

According to criminal law, even inmates sentenced to life imprisonment are eligible for parole if they serve more than 20 years. In fact, life-sentence prisoners who have committed accidental offenses or have extenuating circumstances and whose lives in prison are exemplary are often paroled.
 

Reporter Kwon Tae-wan (kwon97@newsis.com)

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Indefinite inmate in his 60s who stabbed a fellow inmate, receives reduced sentence on appeal (link)