Man appeals sentence for leaving knife at lawmaker Han Dong-hoon's home

A 40-year-old man, identified only as Mr. Hong, has appealed his prison sentence following a retrial for leaving a knife outside the Seoul residence of independent lawmaker Han Dong-hoon. The appeal comes after the Seoul High Court's Criminal Division 3 sentenced Hong to one year in prison on June 18.

Hong was accused of leaving a knife and a torch outside the front door of Han's home in Gangnam District in October 2023. At the time, Han was serving as the Minister of Justice. Investigations revealed that Hong developed a delusion that he was being monitored, which led to the offense.

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Although Hong may have used a dangerous object in the crime, it cannot be said that he carried it.

Both the first and second trials found Hong guilty of special intimidation, sentencing him to one year in prison. However, he was acquitted of charges related to the Stalking Punishment Act. The Supreme Court later overturned these convictions in April, sending the case back to the Seoul High Court. The Supreme Court acknowledged that Hong left the items at the door but ruled that the elements for special intimidation were not met, as he did not actually brandish the weapon at Han Dong-hoon.

In the retrial, the court acquitted Hong of the special intimidation charge, citing insufficient evidence that he had carried the dangerous item with the intent to intimidate. However, the court found him guilty of general intimidation, a lesser charge that was implicitly included within the original special intimidation charge. The court reasoned that convicting him of general intimidation would not significantly disadvantage his defense rights. The final sentence for general intimidation was one year imprisonment.

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The general intimidation offense is included in the special intimidation charge, and even if recognized as general intimidation, it does not substantially disadvantage Hong's right to defense.