Harboring Grudge Over Unpaid Loan
Claimed "Only a Threat," but Attempted Murder Charge Upheld
A man in his 60s who aimed a rifle at an elementary school classmate with whom he had conflicts over money claimed that he "only threatened and did not pull the trigger," but was sentenced to a heavy prison term for attempted murder.
The Criminal Division 1 of the Chuncheon Branch of the Seoul High Court (Presiding Judge Lee Eun-hye) dismissed the appeal filed by Mr. A (68), who was indicted on charges of attempted murder and violation of the Firearms and Ammunition Control Act, and upheld the original sentence of six years in prison, Yonhap News reported on the 5th. The court also ordered Mr. A to wear an electronic location tracking device for 10 years, as in the original trial.
Mr. A was indicted for attempting to kill his friend Mr. B (66) by shooting him with an unlicensed rifle loaded with bullets, along with carrying a large knife, a stun gun, and bullets, when he visited Mr. B’s house in Chuncheon, Gangwon Province, on March 30 last year. At that time, one of the key parts that operate the rifle, the bolt, recoiled causing the loaded bullet to fall out, so the bullet was not fired.
Mr. A and Mr. B are elementary school classmates. Investigations revealed that Mr. A harbored ill feelings because he had not been repaid part of the money he lent to Mr. B, and after Mr. B filed a complaint and called 112 (emergency number) against Mr. A, Mr. A held a grudge and committed the crime.
During the trial, Mr. A admitted to threatening Mr. B with the rifle but claimed he did not pull the trigger of the rifle loaded with ammunition. He also argued that even if the rifle was loaded, he had intentionally pulled back the bolt to remove the loaded bullet himself, so he had no intent to kill. However, both the first and second trial courts rejected Mr. A’s claims.
The court judged that Mr. B’s consistent testimony matched the situation captured on the closed-circuit television (CCTV), and considering the position and movement of Mr. A’s hand in the video, it appeared that Mr. A aimed the rifle at Mr. B with intent to kill and pulled the trigger. Regarding Mr. A’s claim that he removed the bullet himself, the court found that since he had no actual experience firing a rifle and was inexperienced in handling it, the bullet was not loaded properly and fell downward.
The appellate court pointed out, "Mr. A has multiple prior convictions of the same kind, including six cases of violent crimes for which he served prison sentences," and added, "He repeatedly committed crimes such as confinement and assault against the victim, showing a very high degree of blameworthiness." The court further explained the reason for dismissing the appeal, stating, "The original sentencing can be seen as within a reasonable range of discretion."
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