Supreme Court Acquits Union Members Accused of Theft and Violence Amid Reconstruction Association Infighting

Supreme Court, Seocho-dong, Seoul / Photo by Honam Moon munonam@

[Asia Economy Reporter Kim Daehyun] A member of a commercial building reconstruction association who was accused of stealing a cellphone during a physical altercation among association members and assaulting the owner who demanded its return was acquitted by the Supreme Court.

On the 16th, the Supreme Court's 2nd Division (Presiding Justice Noh Jeonghee) announced that it upheld the lower court's not guilty verdict in the appeal trial of Mr. A, a member of a commercial building reconstruction association in Seocho-gu, Seoul, who was prosecuted on charges of theft and assault.

Mr. A was prosecuted on charges of stealing a cellphone worth approximately 1.36 million won that member B dropped during a physical fight between the reconstruction association chairman's side and the opposing members on the stairs of the commercial building in February 2019. Additionally, Mr. A was accused of assaulting Mr. B by pulling his head while demanding the return of the cellphone.

The first trial found all charges against Mr. A guilty. At that time, the court stated, "Considering that Mr. C, who was on security duty at the scene, identified Mr. A as the person who stole the cellphone, the facts of the crime can be sufficiently recognized," and sentenced him to a fine of 3 million won.

However, the second trial overturned the original verdict and acquitted him. In this process, a video recorded by witness Mr. C became the basis for reversing the judgment. Mr. C was a bodyguard for the association chairman supported by Mr. B's side.

The court pointed out, "According to the video recorded by Mr. C, it is difficult to find any circumstances suggesting that someone took the cellphone," and added, "If Mr. A was seen taking the cellphone, he should have been identified and the people around should have been informed, but such behavior or reaction is not seen at all in the video."

Furthermore, the court stated, "Although Mr. B suspected Mr. A of theft and searched his body and belongings, the cellphone was not found," and added, "The act of pulling the head by Mr. A appears to be an instinctive defensive reaction to escape from someone who was unjustly restraining him."

The prosecution appealed, but the Supreme Court dismissed it, stating, "The lower court did not err in its legal reasoning regarding justifiable grounds for illegality."

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