A 20-Year-Old Gangster Sentenced to Prison for Swinging a Weapon After Hearing "Try to Kill Me"

Crime following the phrase "If you can't kill me, kneel down"
Court: "The crime is serious and of a grave nature"

An organized crime member who wielded a weapon during a fight with an acquaintance was sentenced to prison. The man testified that he committed the crime because the acquaintance told him during the altercation, "Kill me."

On the 1st, the 1st Criminal Division of the Western Branch of the Busan District Court (Chief Judge Lee Jin-jae) sentenced A, a man in his 20s, to four years in prison on charges of attempted murder.

A is accused of stabbing B with a weapon in the clavicle and chest around 3 a.m. on October 8, 2023, at B's residence with the intent to kill. At the time, B was seriously injured and transported to the hospital.

Prior to this, there had been a dispute between A's group and B's group. On the day of the incident, B called A and scolded him, saying, "Your younger brothers hit me, so you need to take care of it." It was reported that B cut A's bangs with scissors and forcibly put a soju bottle into his mouth.

Subsequently, A became enraged by B's words, "If you can't kill me before I finish my cigarette, kneel down," and stabbed B multiple times with a weapon. A fled with the help of other gang members but was later caught by the police.

[Image source=Yonhap News]

A had previously been sentenced to three years in prison with a four-year probation for violating the Narcotics Control Act by the Busan District Court in April 2022, and in April last year, he was sentenced to four months in prison with a two-year probation for special confinement and other charges by the Seoul Central District Court.

During police investigation, A stated that he had no intention to kill B. He also claimed that the stabbing was not a crime because B had explicitly consented to it.

However, the court stated, "A did not repent during the probation period and stabbed the victim with a weapon attempting to kill him but only succeeded in attempted murder. Considering the motive and method of the crime, the severity of the injury, and the fact that the victim suffered serious injuries and was at risk of death, the crime is of a serious nature that threatens life and is highly condemnable."

The Supreme Court has ruled that in murder cases, the scope of murder does not necessarily require the purpose or planned intent to kill, but is judged comprehensively based on the degree of recognition of the possibility or risk of causing death and the objective circumstances before and after the crime.

However, the court ruled, "Considering that the victim cut A's bangs, forcibly put a soju bottle in his mouth, and assaulted him, which enraged A and led to a spontaneous crime, and that fortunately it remained an attempted murder, the sentence was determined accordingly."