'Group Assault Leading to Death of Man in His 30s' Teenagers Receive Reduced Sentences in 2nd Trial

The main defendants in the case where teenagers collectively assaulted a man in his 30s who got into an argument while intoxicated, resulting in his death, received reduced sentences in the second trial.

▶Refer to the article from March 28, 2023, [Seocho-dong Legal Talk] "Teenage Group Assault" Bereaved Family: "We Cannot Bear the Death of a Family’s Father"

According to the legal community on the 14th, the Seoul High Court Criminal Division 3 (Presiding Judge Park Yeon-wook) sentenced Choi, who was charged with injury resulting in death, to 3 years and 6 months in prison, and Nam to 1 year and 6 months for the long term and 1 year for the short term, respectively.

Previously, on the night of August 4, 2021, Choi and others got into an argument with the victim, Mr. A (36), in a busy area of Minrak-dong, Uijeongbu-si, Gyeonggi Province. Mr. A was collectively assaulted for about a minute, taken to the hospital, and died the next day from cerebral hemorrhage and other injuries. This case became controversial after a post titled "A group of six high school students assaulted a family man with young daughter and son, causing his death" was uploaded on the Blue House’s national petition board.

At the end of last year, the first trial sentenced Choi to 4 years and 6 months in prison. The first trial stated, "The main perpetrator Choi hit the victim the most, ultimately causing his death," but also noted, "The intensity of the victim’s initial assault was not weak, and as a vigorous young man, it would have been difficult to endure." At the time of the incident, Mr. A hit Choi’s face with an umbrella, after which Choi and his group collectively beat him. Choi confessed, and the fact that he was a juvenile under the Juvenile Act at the time was also considered.

Nam, who was charged as an accomplice, claimed "self-defense," but the first trial ruled, "The fight was not a defensive act, so self-defense is not recognized," sentencing him to 2 years and 6 months for the long term and 2 years for the short term.

Choi and Nam appealed the first trial’s verdict. In the appellate court, the victim’s family pleaded, "Because of what the defendants call ‘a single mistake,’ a family’s father died. We cannot bear this," and asked, "Can this really be called a ‘mistake’? The defendants may live with remorse, but how can the dead be brought back to life?" demanding severe punishment.

However, the appellate court reduced the sentences of Choi and Nam compared to the first trial, stating, "The guilt is heavy, and the bereaved family is pleading for severe punishment."

Regarding the reasons for the sentence reduction, the court first stated, "The victim first assaulted Choi, and this was an incident that occurred impulsively, so there are circumstances worthy of consideration." Unlike a planned murder, since Choi and others did not intentionally kill Mr. A, the court considered that the blameworthiness was relatively less compared to cases where the crime was committed with intent or premeditation.

Nam’s full admission of the crime in the appellate trial, despite claiming self-defense and avoiding responsibility in the first trial, also influenced the sentence reduction. Nam additionally deposited 20 million won as a bond during the appellate trial for the bereaved family, making a total of 50 million won deposited during both trials, which was also a reason for the reduced sentence. Even if the victim does not claim the bond, the fact that the defendant showed willingness to settle can affect the sentencing.

Since the prosecutor and Choi did not appeal further, the second trial’s verdict was finalized as is.

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