A man in his 40s, accused of leaving a weapon in front of the residence of Minister of Justice Han Dong-hoon, is seen leaving the Seoul Central District Court in Seocho-dong, Seoul, on the afternoon of the 16th after his pre-arrest warrant examination. [Yonhap News]  

The Supreme Court has ruled that the charge of aggravated threat does not apply to a man in his 40s who was prosecuted for leaving a weapon in front of the residence of Han Dong-hoon when he was the Minister of Justice and former leader of the People Power Party.

On the 1st, according to legal circles, the Supreme Court's First Division (Presiding Justice Shin Sook-hee) overturned a one-year prison sentence imposed by the lower court for Hong, who was indicted on charges including aggravated threat and violation of the Stalking Punishment Act, and remanded the case to the Seoul High Court.

The court determined that the charge of aggravated threat did not apply to Hong. Aggravated threat is established when someone threatens another person while carrying a dangerous object; however, Hong merely left the dangerous object in front of the door.

The court explained, "The defendant placed a fruit knife and a lighter, which are dangerous objects, in front of the victim's residence entrance and then left the building. By the time the victim discovered them, the defendant had already left the scene of the crime and was not in possession of or exercising effective control over the fruit knife and lighter."

Therefore, the court's judgment is that even if the defendant used the fruit knife and lighter, which are dangerous objects, in the act of threat, it cannot be said that he threatened the victim while carrying them.

Hong was arrested and indicted in October 2023 for leaving a weapon and a lighter in front of the entrance of an apartment in Dogok-dong, Gangnam-gu, Seoul, where former party leader Han resided.

Both the first and second trials found Hong guilty of aggravated threat and sentenced him to one year in prison. He was acquitted of all charges related to the Stalking Punishment Act.