Men who kidnapped and assaulted a popular YouTuber in the underground parking garage of an Incheon apartment complex [Yonhap]
Men who kidnapped and assaulted a popular YouTuber in the underground parking garage of an Incheon apartment complex [Yonhap]

An appeals court reduced the sentences of a group convicted of kidnapping and attempting to murder a popular YouTuber with about 1 million subscribers.

The first criminal division of the Seoul High Court's Incheon out-of-court panel overturned the original sentences Tuesday and handed down 15 and 12 years in prison, respectively, to A, a 26-year-old used-car dealer, and B, 24, his acquaintance — both indicted on charges including attempted robbery and murder. The trial court had originally sentenced them to 30 and 25 years, Yonhap reported.

C, 37, who was indicted on charges including aiding and abetting robbery causing bodily harm for lending the pair tools used in the crime, also had his original five-year sentence overturned and was resentenced to two years.

The appeals court said the defendants' crimes were "very grave in light of the motive, method and degree of injury inflicted on the victim," adding that "the victim has not forgiven them and is petitioning for severe punishment." However, it said their attacks did not appear to stem from a definite intent to kill, and that no loss of life had in practice occurred.

The court went on to say that "in determining the sentence, not only the nature of the crime but also the degree of intent and the outcome of the offense must be taken into account," concluding that the original sentences were "somewhat heavy relative to the gravity of the crimes committed."

The appeals court also weighed the fact that all three defendants had no prior criminal record beyond fines, or were first-time offenders, and that a sentencing investigation found their risk of reoffending to be low to moderate.

A and B were indicted on charges of assaulting YouTuber D with a blunt object about 10 times and kidnapping him in a vehicle with intent to kill, after luring him to the underground parking garage of his Incheon apartment complex at around 10:40 p.m. on Monday — Oct. 26 last year.

They drove D roughly 200 kilometers to a cemetery parking lot in Geumsan-gun, South Chungcheong Province, where police responding to a report arrested them at the scene.

D, a popular gaming YouTuber with about 1 million subscribers, suffered serious injuries after being severely beaten about the face.

The investigation found that A had planned and carried out the attack after D — who had signed a contract to purchase a luxury SUV from him — demanded a refund of his deposit, prompting A to plot to rob and kill him.

Prosecutors sought life sentence ahead of first trial in May

At the first trial in May, the court said A had "thoroughly planned the crime in advance, including the location and method of disposing of the body, and made both human and material preparations," adding that "the victim suffered horrific injuries severe enough to threaten his life."

The first-instance court also said A and B "admitted to the crime only when confronted with objective evidence and attempted to give false statements, making their post-offense conduct very poor," and that "they have not been forgiven by the victim and there is no indication they made any effort toward restitution."

On C, the court said he "also facilitated the crime by providing a vehicle and work gloves, making his conduct very poor," and that it had considered his other prior convictions and various sentencing factors.

Earlier, prosecutors had sought life sentences for A and B at the final hearing in March.

A and B, who received 30- and 25-year sentences respectively at the first trial, subsequently filed appeals with the Incheon District Court. They were reported to have appealed on grounds that the first-instance sentences were excessive and unjust.


yul@heraldcorp.com