Prosecutors contest robbery-injury charge classification, call sentence too lenient; defendant also appeals
Prosecutors have appealed a first-instance ruling that sentenced a man to seven years in prison for breaking into the home of actor Nana, whose real name is Lim Jin-ah, threatening her and her mother with a weapon and demanding valuables.
The Namyangju Branch of the Uijeongbu District Prosecutors Office said Monday it had filed an appeal contesting the first-instance verdict against Kim, 34, who was indicted on charges of robbery causing injury.
"The first-instance court found the defendant guilty on all counts in the indictment, yet classified the charge related to Nana as robbery causing accidental injury rather than robbery causing intentional injury," prosecutors said. "We appealed on grounds of factual error, misapplication of law and an unjust sentence."
Kim was indicted on charges of breaking into Nana's home in Acheon-dong, Guri, Gyeonggi Province, at around 5:40 a.m. on Nov. 15 last year, armed with a weapon. He allegedly choked Nana and her mother and demanded money and valuables before being stopped. Prosecutors had sought a 10-year sentence at the final hearing last month.
Criminal Division 1 of the Namyangju Branch of Uijeongbu District Court, presided over by Chief Judge Kim Guk-sik, sentenced Kim to seven years in prison on June 9.
"The defendant broke into the victims' home at night, a time when absolute peace must be preserved, while carrying a weapon," the court said in explaining the sentence. "Given the gravity and seriousness of the crime, punishment is unavoidable."
The court reclassified the charge relating to Nana from robbery causing intentional injury to robbery causing accidental injury. The change reflected circumstances in which Kim had put down the weapon after being persuaded by Nana's mother, only for Nana — who arrived at the scene — to pick it up and brandish it. Because the two charges carry the same statutory penalty, the court applied the different classification without requiring an amended indictment.
Kim also filed an appeal on June 10 against the ruling. Given that he had denied the robbery charges throughout the trial, he is expected to have argued factual error and an unjust sentence.
hwshin@heraldcorp.com