Supreme Court: "Expression of No Punishment Will After First Trial Verdict Has No Effect"

Supreme Court in Seocho-dong, Seoul. Photo by Mun Ho-nam munonam@

[Asia Economy Reporter Kim Daehyun] The Supreme Court has ruled that in cases of "crimes not punishable without the victim's consent," where the victim expresses a desire not to punish the offender after the first trial verdict, a dismissal of the prosecution cannot be granted.

On the 27th, the Supreme Court's 3rd Division (Presiding Justice Kim Jaehyung) overturned the lower court's dismissal of the prosecution in the appeal trial of Mr. A, who was charged with assault, and remanded the case to the Seoul Central District Court.

Earlier, Mr. A was brought to trial on charges of stabbing Mr. B's left eye once with his hand during a dispute over parking on a road in Seocho-gu, Seoul, on December 23, 2019.

At that time, it was revealed that Mr. A committed the offense during his recidivism period (three years after the completion or exemption of sentence execution) after having been fined twice for injury and assault in 2016.

The first trial sentenced him to two months in prison, citing the severity of the assault and the fact that he was not forgiven by the victim.

On the other hand, the second trial dismissed the prosecution. Mr. B expressed his intention not to punish Mr. A after the first trial verdict, and since assault is a crime not punishable without the victim's consent, the court ruled that the prosecution should be dismissed.

However, the Supreme Court ordered a retrial and reconsideration of the case. The court stated, "The victim's expression of a desire not to punish the defendant was made after the first trial verdict and thus has no legal effect," adding, "The lower court erred in its understanding of the law regarding crimes not punishable without the victim's consent, which affected its judgment."

According to Article 232, Paragraph 3 of the current Criminal Procedure Act, "A prosecution for assault cannot be initiated against the explicit will of the victim." Furthermore, under Paragraphs 1 and 3 of the same article, the victim may withdraw their intention to punish or express a desire not to punish up until the pronouncement of the first trial verdict.

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