Model who fell together holding neighbor during fashion show... Claimed "emergency escape" but convicted of negligence injury

Summary Order of Fine for Injury by Negligence
Formal Trial Request...Court: "Suspended Fine Sentence Is Not Unreasonable"

A senior model in her 60s who caused injury to another person by collapsing during a fashion show was sentenced to a suspended fine for negligent injury. The defendant claimed innocence, but the appeal was also rejected.

A(69), who works as a senior model, was standing with another model B(69) at the edge of the backstage area during a fashion show in December 2021, following the director's instruction to "wait at the back of the stage."

The stage floor at that time was about 1.4 meters high, and the place where A was standing was a narrow space without railings or guide lights.

However, while watching other models' performances, A suddenly lost balance and fell to the floor. In the process, B, who was holding A's arm, also fell down together.

As a result of this accident, B suffered fractures of unknown exact cause on the arm, head, and face, as well as knee bruises and dental damage, requiring about eight weeks of treatment.

A, who received a summary order for a fine on charges of negligent injury due to this incident, requested a formal trial. In court, A argued, "My actions fall under emergency defense, and there is no reasonable causal relationship between my negligence and the victim's injury."

The Chuncheon District Court, which handled the first trial, judged that it was foreseeable that if one slipped and fell by mistake in the narrow backstage area without safety devices, the physical contact occurring in the process could cause injury to B standing nearby.

[Image source=Yonhap News]

However, considering that the victim also had some negligence by not maintaining an appropriate distance from the defendant, the court took this into account and sentenced A to a suspended fine of 3 million won.

A suspended sentence means that guilt is acknowledged but sentencing is deferred, and after a certain period, the case is considered dismissed (prosecution rights are lost and no charges are filed). It is a heavier punishment than a non-prosecution disposition but lighter than probation. However, it applies only when a sentence of imprisonment or detention of one year or less, disqualification, or a fine is imposed, with exceptions for those with prior convictions involving disqualification or heavier sentences.

Dissatisfied with the ruling, A claimed innocence again in the appeal, stating, "B reached out first after seeing me fall." Meanwhile, the prosecution argued that even the suspended fine was too lenient.

The Criminal Division 2 of the appellate court (Presiding Judge Lee Young-jin) upheld the guilty verdict as in the first trial. This was based on CCTV footage at the time of the accident showing B standing still and looking ahead, and B's statement that "it was completely unexpected, and I did not reach out first."

The court explained the sentencing reasoning, stating, "The defendant has no prior punishments and there is some room for consideration regarding the circumstances of the incident."

It added, "However, the extent of the victim's injuries is not minor, and she still complains of considerable physical and mental suffering. Nevertheless, the defendant denies guilt and does not sincerely reflect on the wrongdoing, so the original sentence is not unjust."

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