Stabbed by His Younger Brother, Yet Claimed "I Was Injured Myself"

Younger Brother Indicted for Attempted Murder
Sentenced to Three Years in Prison, Four Years Suspended on Appeal

An older brother who was stabbed by his younger sibling tried to conceal the crime by claiming, "I was the only one injured," but the younger brother was found guilty not only in the first trial but also in the appellate court.

According to Yonhap News and legal sources on July 11, the Criminal Division 6-3 of the Seoul High Court (Presiding Judges Min Dalgi, Kim Jongwoo, and Park Jeongje) recently sentenced Mr. A, who was indicted on charges of attempted murder, to three years in prison with a four-year suspended sentence.

The Seoul Court Building in Seocho-gu, Seoul, home to the Seoul High Court. Photo by Yonhap News

Mr. A was accused of attempting to kill his older brother, Mr. B, by stabbing him multiple times with a kitchen knife after becoming enraged during an argument at their home in September last year. However, Mr. B told the police who arrived at the scene that he had injured himself and attempted to hide the weapon used in the crime. During the victim investigation, he also supported Mr. A by stating, "My younger brother did not try to kill me," and "I also assaulted my brother." At trial, he further expressed that he did not wish for Mr. A to be punished.

Nevertheless, the court of first instance found Mr. A guilty of attempted murder and sentenced him to three years in prison.

The first-instance court stated, "Mr. A committed the crime in a state of intense anger after being assaulted by his brother, unable to control his emotions," and "At the time, he was fully aware or could have foreseen the possibility or risk that his actions could result in his brother's death." Regarding Mr. B's testimony denying his brother's crime, the court found, "As the defendant is a family member, there is a motive for making favorable false statements. While he gave detailed testimony about assaulting the defendant, he claimed not to remember being stabbed by the defendant with a weapon, which is inconsistent or difficult to accept," and thus did not accept the testimony.

The appellate court also found Mr. A guilty, but sentenced him to a suspended sentence rather than imprisonment, taking into account several factors: his admission of the crime and remorse during the trial, reconciliation with his brother by covering medical expenses, the fact that he has a family to support, and his brother's petition for leniency, stating he did not want Mr. A to be punished.

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