Assemblyman Kim Byung-gi Assault Case: Dongjak District Councilor's Sentence Reduced to Fine in Second Trial
[Asia Economy Reporter Kim Hyung-min] Kim Myung-gi, a member of the Seoul Dongjak District Council, who was prosecuted for assaulting Kim Byung-gi, a member of the Democratic Party of Korea, received a reduced sentence in the appellate court.
The Criminal Division 6-1 of the Seoul High Court (Presiding Judges Kim Yong-ha, Jung Chong-ryeong, Jo Eun-rae) on the 18th overturned the first trial's sentence of one year imprisonment with two years probation and sentenced Councilman Kim, who was charged with violating the Public Official Election Act, to a fine of 3 million won.
The court stated, "Since the defendant, who is not a legal expert, could have perceived himself as being detained and feeling threatened, which is an opinion rather than a fact, it cannot be considered that false facts were stated," thereby reversing the false accusation charge to not guilty.
However, the court explained the sentencing rationale, saying, "Despite having prior related convictions as a council member, he committed assault and injury offenses and did not receive forgiveness from the victim," and "considering that the injury was minor and the crime was impulsive."
Councilman Kim is accused of grabbing the collar of then-Democratic Party election office director before the June 13, 2018 local elections because the director did not greet him, and assaulting Representative Kim who protested this.
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He is also charged with false accusation for submitting a false complaint to the prosecution claiming that a staff member of Representative Kim’s office later detained him. The first trial sentenced him to imprisonment with probation.
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