"Considering the Special Nature of Crimes Involving an Indefinite Number of People"…30s Man Who Posted Murder Threat, First Trial Overturned

"Abstract Presentation of Victims Is Inevitable"

A man in his 30s who was prosecuted for posting a murder threat online two days after the 'Shillim-dong weapon rampage incident' will have his first trial judgment reconsidered.

The 4-2 Criminal Appeal Division of the Seoul Central District Court (Presiding Judges Eom Cheol, Lee Hoon-jae, and Yang Ji-jung) overturned the original ruling and remanded the case back to the first trial court on the 10th in the appeal trial of Park Mo (33), who was charged with obstruction of official duties by deception and other offenses.

Previously, the first trial court recognized Park’s guilt for threatening the victim who reported after reading the post he wrote, but dismissed the charges of threatening unidentified readers and merchants near Daerim Station, stating that the victims were not specified.

Seochodong "Legal Town" in Seoul, where offices of institutions such as the Seoul Central District Court and the District Prosecutors' Office, as well as offices of professions including lawyers and judicial scriveners, are concentrated. Photo by Heo Younghan

However, the second trial court viewed that, given the nature of such crimes, the identification of victims can inevitably be abstract.

The court stated, "The prosecutor described the victims illustratively and abstractly, considering the special nature of crimes targeting an unspecified number of people, but this is unavoidable due to the nature of the offense," and added, "This is sufficient to clarify the scope of the defendant’s right to defense."

Park is accused of posting a message on an internet community board in July last year threatening to kill people from a specific region near Daerim Station. He is also charged with obstructing the official duties of nine police officers who responded to the scene.

According to Article 366 of the Criminal Procedure Act, when an appellate court overturns a lower court’s ruling due to dismissal of prosecution or other reasons, the case must be remanded to the original court.