Teenagers Call Out Disabled Person Eating Alone at Restaurant... Brutally Assault Them
Offending Students "Did Not Know They Were Disabled"
Appeal Trial Verdict on the 18th of Next Month
A man in his 30s with a physical disability, who was indiscriminately assaulted by two teenagers while eating alone at a restaurant, once again urged for severe punishment at the appellate trial's final hearing.
According to the legal community on the 16th, on the 14th, the appellate trial's final hearing for A (18) and B (19), who were indicted for violating the Act on the Aggravated Punishment, etc. of Specific Crimes (joint injury) and the Act on Welfare of Persons with Disabilities, was held under the jurisdiction of the Jeonju District Court Criminal Division 2 (Presiding Judge Kim Dohyung).
A and B were indicted for indiscriminately assaulting a man, C (34), in front of a restaurant in Hyoja-dong, Wansan-gu, Jeonju-si, Jeollabuk-do, around 4 a.m. on October 15 last year, when they were high school students. C is a grade 3 physically disabled person who cannot move without crutches.
According to the court, A thought that C, who was eating alone, was pointing fingers and cursing at him, so he called him over with a hand gesture. When C came outside, A confronted him, asking, "Why are you staring?" C replied, "I wasn't staring."
This misunderstanding escalated into a one-sided assault, with A and his group of eight surrounding C, hurling insults and threatening him. A bumped heads with C twice and forcefully pushed C's face with his left hand. When C stepped back, B pushed C's shoulder, causing him to fall. After C got up using his crutches and hit B's face once, an angry B hit C's face four times and kicked C's face on the ground while turning his body.
As a result of this incident, C suffered serious injuries, including a broken jaw and fractured teeth, requiring six weeks of medical treatment. According to a petition submitted by C to the court, he suffers from hemangioma and has been experiencing severe aftereffects since the incident. Hemangioma is a condition where bleeding is difficult to stop once it occurs. Due to this, during jaw surgery, C experienced prolonged bleeding for over three months, resulting in blood pooling on his face and multiple shocks.
The first trial court sentenced A to 10 months in prison with a two-year probation and B to one year in prison on September 6. At the time, A and others claimed in court that they did not know C was disabled, but the court did not accept this.
Presiding Judge No Mijeong of the Jeonju District Court Criminal Division 5, who handled the first trial, stated, "The defendants called out the disabled victim without any particular reason, provoked him, and inflicted serious injuries, yet they have not shown genuine remorse. Considering the defendants' age, environment, character, circumstances before and after the crime, and various sentencing factors revealed in the case records and arguments, the sentence was determined."
C’s father appealed in court that day, saying, "A and others have never apologized or sincerely asked for forgiveness. My son still cannot recover from the psychological shock. Please impose a severe punishment." However, A’s defense attorney requested leniency, stating, "We have continuously apologized and sought forgiveness from the victim, but the victim and his family are unyielding, so no settlement has been reached. We have deposited 20 million won in escrow." B’s side also requested leniency, saying, "Since we have made a deposit, please show mercy."
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The prosecution requested, "Please sentence A to 10 months in prison and dismiss B’s appeal." The appellate trial verdict for A and others will be held on the 18th of next month.
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