[Breaking] Supreme Court Overturns and Remands 'Nicotine Husband Murder' Case... "Lack of Evidence"

The Supreme Court overturned and remanded the second trial's ruling that sentenced the wife, who was accused of killing her husband by feeding him food and water mixed with nicotine extract to seize his property and death insurance money, to 30 years in prison on the 27th.

The Supreme Court's 3rd Division (Presiding Justice No Jeong-hee) dismissed the prosecution's appeal on the acquittal part in the appeal trial of A, who was charged with murder and computer-related fraud, but accepted A's appeal, overturned the original ruling, and sent the case back to the Suwon High Court.

The court stated, "It is difficult to consider the indirect evidence presented for the guilty part as sufficient positive evidence supporting the charges, and there remain doubts that make us hesitate to be convinced of guilt. Since further examination seems possible, it is difficult to maintain the original court's conclusion as is."

Unlike the lower courts, the court judged that the autopsy results and expert opinions on the deceased husband only serve as evidence that the cause of death was acute nicotine poisoning and that an excessive oral intake of nicotine occurred after the husband visited the emergency medical center, but do not prove the charge that "A mixed nicotine extract in cold water and made the husband drink it."

Regarding the motive for murder, the court also saw the need for additional examination to determine whether maintaining an extramarital relationship or economic purposes were sufficient motives for murder.

On the morning of May 26, 2021, A fed her husband, who was about to go to work, a drink made by mixing misutgaru (a traditional Korean grain powder) with honey and milk, and a hamburger. When her husband called from work complaining of stomach pain, A reassured him by saying, "The honey's expiration date was until 2016. Sorry," making it seem as if the stomachache was caused by spoiled honey, even though she knew the honey in the misutgaru was not spoiled.

The prosecution judged that A mixed nicotine extract into the misutgaru drink and fed it to her husband, but when he only showed symptoms of heartburn and did not die, she made white porridge for her husband, who refused to eat due to stomach discomfort that evening, mixed nicotine extract into it, and fed it to him. When her husband still did not die, she made him drink cold water mixed with a large amount of nicotine extract between 1:30 and 2 a.m. on May 27, 2021, and charged her with murder.

Previously, the first trial recognized most of the charges as guilty and sentenced her to 30 years in prison. The second trial acquitted her of the charges related to the misutgaru drink and white porridge but recognized the charge of killing by feeding nicotine mixed in cold water and also sentenced her to 30 years in prison.

This content was produced with the assistance of AI translation services.