Why Mutual Assault Led to Different Sentences: Imprisonment vs. Probation

Two people in their 50s hit each other's heads with beer bottles in Wonju
Sentencing outcome changed due to repeat offender history

Two men in their 50s, who were charged with assaulting each other with beer bottles following an altercation at a pub, received different sentences.

[Asia Economy Reporter Intern Lee Gyehwa] Two men in their 50s, who were charged with hitting each other's heads with beer bottles during an altercation at a pub, received different sentences?one imprisonment and one suspended sentence?due to recidivism. Recidivism refers to a person who, after completing a sentence of imprisonment or higher, commits another crime punishable by imprisonment or higher within three years. Punishment can be up to twice the maximum statutory penalty.

On the 17th, Judge Gong Mina of the Chuncheon District Court Wonju Branch Criminal Division 1 sentenced A (52) and B (50), who were charged with special assault, to eight months in prison each. However, A was given a two-year suspended sentence along with an order to complete 40 hours of violence treatment and lectures, while B was sentenced to actual imprisonment.

The two are accused of mutually assaulting each other by striking each other's heads with beer bottles during a dispute while drinking with their respective parties at separate tables in a pub in Munmak-eup, Wonju-si, around 9:30 p.m. on November 10 last year. It is known that B was previously sentenced to imprisonment in September 2019 for special property damage and other charges.

The court stated, "The use of beer bottles to inflict injury on each other is dangerous in method and means," and explained the sentencing rationale by considering that "A has no prior punishment exceeding a fine, whereas B committed the crime during the recidivism period."

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