Prosecutors have asked an appeals court to uphold a one-year prison sentence for Lim Woo-jae, former adviser to Samsung Electro-Mechanics, who was convicted in the first trial for conspiring in a false missing-person report linked to the confinement and assault of an elderly woman in her 80s.
According to legal sources on Saturday, prosecutors at the final appellate hearing held the previous day before the 13th Criminal Division of the Seoul High Court asked the court to "dismiss the defendants' appeal" on charges of special aggravated confinement causing injury. The request seeks to maintain the first-instance ruling.
Lim's side, by contrast, denied the charges and requested an acquittal.
"In the first-instance ruling, six reasons were given for finding that Lim conspired from the beginning, but all of them are difficult to accept," Lim's side argued. "There is a misapplication of law, and the sentencing is unjust."
Lim's defense counsel emphasized, "Getting into the car and handing over [the granddaughter] is the entirety of Lim's involvement in the case, and that alone is insufficient to find conspiracy or co-principal liability." The attorney added, "It was merely a non-essential and replaceable act, and he was not involved in the false report or the writing of the suicide note."
The defense further stated, "Lim says that receiving a prison sentence at the first trial is heavy compared to the other defendants," and asked the court to acquit him.
In his final statement, Lim said, "I am 57 years old this year, and I have tried my whole life not to cause harm to others. I never imagined in my dreams that I would stand in court at this age."
He continued, "Going through this case, I have realized how grateful I am for each day that passes without incident. I have also come to know that being able to move about freely was a great happiness."
The court also conducted questioning on the bail application that Lim's side filed on the 20th.
Lim's defense counsel said, "Lim has been lying to his elderly mother that he is abroad. Considering the considerably pitiful circumstances, please grant bail."
Lim was indicted in April last year in connection with a case in Yeoncheon County in which an 80-year-old woman, identified as A, was confined and assaulted by her grandson and others. He was sentenced to one year in prison in the first trial last December and taken into custody in the courtroom.
A shaman identified as B, who led the crime, is accused of having A's grandson and others lock A in her home and monitor and assault her, in order to pressure A's son with whom B had a conflict.
Investigations found that A's grandson committed the crimes after being subjected to psychological control, including gaslighting, by B. After A dramatically escaped and reported the case, prompting a police investigation, B staged a fake suicide drama using A's granddaughter.
During the search, closed-circuit television (CCTV) captured B and her partner transporting the granddaughter in a vehicle. That partner was Lim.
The first-instance court found that Lim did not directly participate in the confinement or assault. However, it ruled that he played a key role in the false missing-person report and the fake suicide drama, sentencing him to one year in prison and taking him into custody in the courtroom.
The court said at the time, "Even though Lim knew of the crime, he carried out a key role in the plan to obstruct official duties through deception, with the aim of helping his partner B avoid punishment." The court added, "Considering that he participated in evidence fabrication and denies criminal intent, it is questionable whether there is sincere remorse."
The appellate ruling is scheduled for the 25th of next month.
