An 81-year-old shaman, who caused the death of his niece by exposing her to the heat of charcoal, had his reduced sentence overturned by South Korea's Supreme Court. The court ruled that even if the act was framed as a ritual, the awareness that it could lead to the victim's death constituted intent to kill.
According to Yonhap News, on October 14, the Supreme Court's third division, led by Justice Eom Sang-pil, annulled the lower court's ruling that sentenced the shaman, identified as Shim, to seven years in prison for manslaughter. The case has been sent back to the Seoul High Court for further proceedings.
Shim and six accomplices, including his children, niece, and followers, were charged with causing the death of a 30-year-old woman, referred to as A, by exposing her to the heat of charcoal for about three hours at a restaurant in Bupyeong, Incheon, on September 18, 2024.
Shim reportedly tied up A after she expressed her intention to leave her job and return to Ulleungdo, stating that he needed to perform a ritual to remove a malevolent spirit that wanted to harm her mother.
He and his accomplices constructed a metal structure and bound A in a prone position. They then continuously added burning charcoal to a basin beneath the structure. Despite A losing consciousness multiple times, they did not stop the ritual.
After A completely lost consciousness, the group cleaned up the scene and only called emergency services about two hours later, providing false statements that she had fallen onto the charcoal. A died two days later from multiple organ failure due to burns.
The first trial found Shim guilty of murder and sentenced him to life imprisonment. However, the appellate court ruled that the intent to kill was not sufficiently proven and reduced the charge to manslaughter, resulting in a seven-year sentence. The other six accomplices, initially sentenced to 10 to 25 years for murder or aiding murder, received suspended sentences for manslaughter or aiding manslaughter in the second trial.
The appellate court concluded that it was difficult to establish a motive for Shim to kill the victim and that it could not be definitively stated that the other defendants were fully aware of the method, intensity, and duration of the heat applied. They also noted that the defendants and the victim had a significant belief in Shim's spiritual abilities and the efficacy of the ritual, warranting caution in recognizing intent to kill.
However, the Supreme Court found issues with this reasoning.
The court stated, "Even considering the defendants' belief in the ritual, their actions were excessively cruel and dangerous, and Shim, with 40 years of experience, had never attempted such an act before. Unlike typical shamanistic practices like rituals or ceremonies, this was not a ceremony that guaranteed even minimal safety."
It further asserted that the intention to "exorcise a malevolent spirit through a ritual" and the awareness that "the ritual could lead to A's death" could coexist, meaning that belief in the ritual's efficacy could not negate the intent to kill.
The Supreme Court also indicated that the victim's brother and cousin, who are Shim's children, should be recognized for aiding murder. They had heard about the ritual's dangers and observed the situation multiple times without intervening or providing assistance, thereby facilitating the crime.
The Supreme Court annulled the lower court's ruling and sent the case back to the Seoul High Court. The retrial is expected to reassess the charges of murder and aiding murder against the defendants based on the Supreme Court's findings.
* This article has been translated by AI.
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