Top court acquits woman who brandished knife at uncle she accused of sexual abuse

The Supreme Court of Korea (The Supreme Court of Korea) The Supreme Court ruled that a woman who brandished a knife at an uncle during a violent confrontation should not be punished because it was done in self-defense.The top court overturned a lower court's ruling that found the 39-year-old guilty of aggravated intimidation and sent the case back to Incheon District Court, legal sources said Wednesday.The incident occurred in January 2023, after the woman told family members that her 76-year-old uncle had sexually abused her when she was a child.After learning that the defendant had told the family about the alleged abuse, the uncle showed up unannounced at the defendant’s home and began throwing punches at her. The defendant then picked up a knife and threatened the uncle.Prosecutors indicted the woman on charges of aggravated intimidation and the uncle on charges of inflicting bodily injury.A trial court fined the defendant 3 million won ($2,100) and the uncle 5 million won.The defendant appealed, arguing that the act constituted self-defense. The appellate court rejected the claim, finding that the uncle’s use of force was not severe enough to prevent the defendant from acting freely.The Supreme Court, however, rejected the lower court's reasoning, ruling that the defendant’s conduct constituted a justifiable act under Article 20 of the Criminal Act, which states that an act carried out in accordance with the law, accepted business practices or other social norms is not punishable.The top court found that the defendant’s conduct met the legal requirements for a justifiable act, including a legitimate purpose.“The uncle bears greater responsibility, considering how the dispute began and unfolded. The defendant’s response to the uncle’s assault and threats was far less severe, while the defendant sustained more serious injuries,” the top court noted.It concluded that the defendant had picked up the knife out of fear and a desire to protect herself, considering the uncle’s violence, the history of their relationship and their respective physical conditions.“The defendant appears to have acted out of desperation, thinking that further violence by the uncle had to be stopped,” the top court said.