Supreme Court: Leaving a 'Methanol Soju Bottle' at the Door Does Not Constitute Aggravated Intimidation

"If the perpetrator has left the crime scene, the 'carrying' requirement is not met"

The Supreme Court has ruled that leaving a bottle of soju containing a lethal dose of methanol in front of someone's home cannot be punished as aggravated intimidation involving the carrying of a dangerous object.

Supreme Court, Seocho-gu, Seoul. Photo by Yonhap News

According to the legal community on May 25, the First Division of the Supreme Court (Presiding Justice Shin Sookhee) overturned the previous verdict and remanded the case to the Busan High Court in the appeal trial of Mr. A, who had been indicted for retaliatory intimidation and aggravated intimidation against an ascendant under the Act on the Aggravated Punishment of Specific Crimes, as well as for violating the Stalking Punishment Act.

The bench stated that for Mr. A to be considered as having threatened someone by carrying a dangerous object, it must at least be established that he was present at the crime scene with the dangerous object and could have increased the likelihood of harm at any time. In this case, Mr. A left the soju bottle containing methanol without the victim's knowledge and departed the scene. It was found that by the time the victim discovered the bottle, Mr. A had already left. Therefore, even if a dangerous object was used in the act of intimidation, it cannot be said that he "carried" it during the act of intimidation.

As a result, the Supreme Court ruled that while Mr. A's actions may constitute general intimidation by issuing a threat of harm, there was a misunderstanding of the legal principles regarding "carrying" in the requirements for aggravated intimidation. The Court sent the entire case back to the original court for a new trial.

It was found that Mr. A, who was on trial for aggravated assault against an ascendant (his father, Mr. B), attempted to reconcile by visiting his father. After being rejected, he acted out of resentment and committed the crime. He filled an empty soju bottle with a liquid containing 79.9% methanol—an amount considered a lethal dose—and attached a note in the name of the deceased mother of the victim, reading, "B, I miss you so much... - Mom -," placing it in front of the entrance to the victim's residence.

Mr. A was brought to trial on charges of threatening and stalking the victim by endangering the victim’s life and physical safety using these methods on a total of five occasions.

In the previous first and second trials, the courts found that Mr. A acted with sufficient intent to retaliate and threaten. In particular, given that methanol is a toxic substance that can cause blindness or death, the courts found him guilty of aggravated intimidation against an ascendant by carrying a dangerous object and sentenced him to one year and six months in prison, suspended for three years.

This content was produced with the assistance of AI translation services.