Following the murder of an unspecified number of people in Sillim-dong, Gwanak-gu, Seoul, on the evening of the 3rd, a riot with a weapon occurred at a department store in Bundang-gu, Seongnam-si, Gyeonggi-do. The so-called ‘don’t ask crime’ happened again.
Since then, as murder notices pointing to downtown Seoul as the place of the crime have been posted one after another, citizens’ anxiety has increased.
One post said, “On Friday, August 4th, between 6pm and 10pm, I will be stabbing near Ori Station. I have no desire to live anymore, I will kill as many people as I can and kill the cops. I will kill as many as I can before they kill me.” It was content.
In another post, after attaching a picture of a weapon, he wrote, “I’m going to stab 20 handsome guys on Friday at Seohyeon Station.”
If you post such a ‘murder notice’ and put it into practice, you will of course be punished for murder. But what if you simply posted a post and didn’t run it?
■ “Preliminary Murder Crime” is difficult to write just by writing “Indiscriminate Murder Notice” The
first charge is the ‘preparatory murder crime’. Your name must be unfamiliar.
Originally, our penal code does not, in principle, punish a person for not committing a crime. Exceptionally, it is punished only when there are special regulations, and the case of preparatory murder is an example.
Murder is a very serious crime, and this preliminary act is also separately stipulated in the Criminal Act and punished with imprisonment for up to 10 years.
Therefore, the issue is whether the simple act of posting can be regarded as a ‘preliminary act’, and preparation is an ‘external act of preparation performed for the purpose of realizing a crime’, which refers to any act at a stage that has not yet reached the start of execution. .
But judicially, it doesn’t seem that easy.
In other words, even if you really made up your mind to commit murder, you need to be intentional about the preparation separately from this, and you should have made specific preparations accordingly .
However, the act of posting a certain post online is a simple criminal plan, a sign of criminal intention, and it seems difficult to see it as a specific preparation for murder.
There are not many precedents, so it is difficult to specifically define the act of preparation. However, the court judged it as a preparatory murder charge when ordering to kill a person while issuing a handgun or issuing action funds, or when payment of a price was promised while contracting a murder.
In the case of posting a notice of murder in advance, for example, you may think of a case where you actually buy a weapon for the purpose of killing, carry it, and wander around at the place of the notice.
■ Applicability of the ‘Anti-Terrorism Act’ is also unknown.
Some see these posts that create anxiety as a kind of ‘terrorism’, and voices say that the Anti-Terrorism Act (Anti-Terrorism Act) should be applied for public safety and public safety.
However, the punishment provisions of the Anti-Terrorism Act are limited to ‘those who form or join a terrorist group’, so it seems difficult to apply it to those who simply먹튀검증 posted a notice of murder.The Supreme Prosecutor’s Office said, “We will request the Ministry of Justice to revise the law so that the ‘act of public intimidation’ that violates and threatens the safety of an unspecified number of general public can be punished as a terrorism level.”
■ Can’t I be punished?… Intimidation and hierarchical obstruction of public order can be applied
However, the act of posting such an article does not mean that it is not punished at all.
First of all, the crime of intimidation is stipulated in our criminal law. A person who threatens a person is determined to be punished by imprisonment for up to three years and a fine of up to 5 million won.
In fact, a man in his 20s who posted a series of articles stating that he would kill 20 women at Sillim Station along with a picture of the purchase of a weapon was recently arrested on charges of blackmail and sent to the prosecution.
However, if the person to be killed is not specifically identified in the post, it may be difficult to admit the charges because it is difficult to assume a threat against an unspecified number of people.
Even if there was no intention to commit murder, if you post such a post and waste administrative power, you may be charged with obstruction of justice by fraud and may be sentenced to up to 5 years in prison or a fine of up to 10 million won.
Because of the previously mentioned article, ‘ We will stage a riot with a weapon near Ori Station between 6:00 pm and 10:00 pm on the 4th’, the Gyeonggi Southern Police Agency dispatched nearly 100 police personnel to the area of Bundang-gu, Seongnam-si, Gyeonggi-do, which was designated as the location of the crime. .
As the possibility of an actual incident occurring cannot be ruled out, if the police are concentrated in one place, there will be a vacuum in other places that require police force.