Dispute Over the Composition of the Association Board of Directors
[Asia Economy Reporter Kim Daehyun] A man in his 60s who threatened to "kill" a magazine-related organization head at the time by holding a soju bottle upside down over a board composition issue in 2017 was sentenced to a fine.
According to the legal community on the 22nd, Judge Nam Shinhyang of the Seoul Central District Court Criminal Division 17 recently sentenced Mr. A (62), a magazine publisher, to a fine of 1.5 million won on charges of special threats.
The court stated, "Considering that Mr. A held the soju bottle upside down, the content and duration of his words during the process, the motive and circumstances of the crime, and the danger of the soju bottle, it is reasonable to see that an average person in our society placed in the same situation would be frightened."
Mr. A was prosecuted for threatening to "kill" Mr. B, then president of a magazine-related organization, by holding a soju bottle upside down during a dinner gathering at a restaurant in Jeju Island in June 2017. It was investigated that they were arguing over the board composition issue at the time.
Article 284 of the current Criminal Act (Special Threats) stipulates that if a person threatens others by showing the power of a group or multiple people or by carrying a dangerous object, they shall be punished by imprisonment for up to seven years or a fine of up to 10 million won.
In court, Mr. A's side denied the charges, claiming "there was no intent to cause harm." However, the court judged him guilty, stating, "Based on consistent testimonies from witnesses who were with the victim and the contents of the disciplinary request submitted to the association's ethics committee at the time, the facts of the crime can be acknowledged."
It added, "The defendant recognized that holding a dangerous object, the soju bottle, and threatening the victim would cause harm, yet he tolerated such results and committed the act, so it should be seen that he had the intent for special threats. Even if there was no intent to cause harm, such circumstances related only to the motive of the crime cannot deny the establishment of intent," the court ruled.
Meanwhile, Mr. A filed an appeal with the court the day before, dissatisfied with the first trial verdict. He maintains that he did not hold the soju bottle and that there are witnesses who saw this at the time.
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