Man in His 60s Sentenced to Prison on Appeal for Attempted Murder of Eighth Cousin Who Repeatedly Insulted His Wife

Three-Year Prison Sentence Upheld on Appeal
Court Dismisses Defendant's Claims of Self-Defense and Excessive Punishment

A man in his 60s who attempted to murder his eighth cousin after repeated ridicule and disrespect has received the same prison sentence on appeal as in the original trial.

On April 20, the Criminal Division 1 of the Busan High Court Changwon Branch (Presiding Judge Min Dalgi) announced that it had dismissed the appeal of Mr. A, a man in his 60s indicted for attempted murder, and upheld the original sentence of three years in prison.

Gyeongnam Changwon District Court Busan High Court Changwon Branch. Photo by Lee Seryung

Mr. A was put on trial for attempting to kill the victim, Mr. B, his eighth cousin, by stabbing him with a weapon at his residence in Geochang-gun, Gyeongnam, in April last year. In 2020, Mr. A and his wife returned to Geochang-gun to farm strawberries, and he had frequent conflicts with Mr. B over the shared use of farming equipment. Over the following year, Mr. B repeatedly insulted Mr. A by referring to his wife as "XXX" (a derogatory term for short stature) and making disparaging remarks toward Mr. A.

On the day of the incident, Mr. A got into an argument with Mr. B after Mr. B said to Mr. C, who had come to visit Mr. A's greenhouse, "Did you come to the XXX house for something?" After returning home, Mr. A went back to the workplace, showed a weapon to Mr. C, and said something to the effect of, "I'm going to finish (Mr. B) today," indicating premeditation. Mr. A then went to Mr. B's house, called him outside, and attacked him with a weapon, saying, "Let's die together." During the struggle, Mr. B managed to disarm Mr. A, resulting in the crime remaining an attempted murder.

The court of first instance stated, "Mr. A prepared a weapon in advance and attempted to kill Mr. B, and considering the method and degree of harm, the crime is not minor." However, the court also noted, "It appears that Mr. B first insulted Mr. A and his wife, causing Mr. A to feel severe humiliation and commit the crime," and sentenced Mr. A to three years in prison. After the sentencing, Mr. A appealed, claiming that Mr. B had assaulted him first and that Mr. B was stabbed while Mr. A was defending himself, and that the sentence was too heavy. However, the court did not accept any of these claims.

The appellate court explained its decision to dismiss the appeal by stating, "Contrary to Mr. A's claims, the location of Mr. B's wounds supports Mr. B's testimony that he was stabbed with a weapon, and at a minimum, Mr. A's intent to kill can be inferred. The sentence is also within the sentencing guidelines and cannot be considered excessive."