Supreme Court Overturns Reduced Sentence, Rules Shaman Guilty of Murder in Charcoal Heat Ritual Death

The Supreme Court has overturned an appellate court ruling that significantly reduced the sentence of an octogenarian shaman who bound her niece and subjected her to charcoal heat, leading to her death, on the grounds that the intent to murder was not proven.

The Supreme Court's Third Division (presiding Justice Um Sang-pil) reversed the lower court's ruling, which had sentenced the 81-year-old shaman, surnamed Shim, to seven years in prison, and sent the case back to the Seoul High Court on September 23.

Shim, along with six accomplices including her children, the victim's cousin, and followers, was indicted on charges of subjecting a woman in her 30s, surnamed A, to charcoal heat for three hours, resulting in her death, at a restaurant in Bupyeong-gu, Incheon, on September 18, 2024.

According to the investigation, when her niece A stated she would quit working at the restaurant and move to Ulleungdo where her parents reside, Shim declared, "We must eliminate the evil spirit that wants to kill her mother," and bound A to perform a "charcoal ritual."

Investigators found that Shim mobilized her followers and children to build a metal structure, tied A face down upon it, and continuously placed burning charcoal in a basin underneath to apply heat.

Even though A lost consciousness multiple times, the group continued the acts. When she finally lost consciousness completely, they cleaned the scene, waited two hours before calling 119, and made false statements such as claiming she "fell face first onto the charcoal."

A died two days later from multiple organ failure caused by burns.

The first trial recognized Shim's murder charge as guilty and sentenced her to life imprisonment. However, the appellate court ruled that conditional intent to murder was not proven, applied the charge of accidental homicide resulting from injury, and heavily reduced her sentence to seven years in prison.

Murder with conditional intent is recognized when a defendant sufficiently anticipates the possibility of the victim's death and is aware that death may occur anyway.

The six accomplices, including Shim's children, were also sentenced to 10 to 25 years in prison in the first trial after being found guilty of murder and aiding and abetting murder. However, the appellate court applied only the charges of accidental homicide resulting from injury and aiding and abetting it, handing down prison sentences with probation.

The appellate court judged that it was difficult to view Shim as having a motive to kill, or to consider that the other defendants knew specifically how and with what intensity the heat would be applied.

The court cited the reasoning that because the other defendants and the victim heavily trusted Shim's spiritual abilities and the efficacy of the ritual, it was necessary to be all the more cautious in inferring conditional intent.

However, the Supreme Court ruled that conditional intent to murder should be recognized for Shim and the others, and that a sequential and implicit conspiracy was formed among the defendants, thereby judging the murder charge to be guilty.

The Supreme Court pointed out, "Even considering the defendants' shamanistic beliefs, the 'ritual' was excessively cruel and dangerous, and Shim, a shaman with 40 years of experience, had never attempted such an act before," adding, "Unlike ordinary shamanistic practices such as gut or ancestral rites, it was not a procedure that guaranteed minimum safety."

It further stated, "The intention to 'exorcise evil spirits through a ritual' and the awareness that 'A could die from the ritual' can coexist," and judged, "Even if they genuinely believed in the efficacy of the ritual, once they realistically recognized the risk of death, they cannot deny the intent to murder on the grounds of having an 'intent to exorcise evil spirits.'"

Regarding the victim's older brother and female cousin (Shim's children), who were subject to charges of aiding and abetting because they were told of the dangers prior to the ritual, watched several times, and failed to intervene, the Supreme Court stated, "They facilitated the murder by leaving her unattended without taking any rescue measures," thereby recognizing aiding and abetting murder by omission.
 
(Photo: Yonhap News)
※ Please note: This article was translated by AI and may contain errors.