[Asia Economy Reporter Seongpil Jo] The director and instructor who were prosecuted for assaulting a student retaking the college entrance exam with a blunt weapon and confining them in a utility room while attending a cram school boarding class due to concerns about COVID-19 infection were sentenced to prison in the first trial. During the trial, it was revealed that they operated an illegal private tutoring center and pre-purchased blunt weapons to assault students if they answered questions incorrectly or did not obey their instructions. The court stated, "The use of physical force, which cannot be justified under any circumstances for trivial reasons, is a very serious offense."
"Expressed anger through assault... Live with a lifelong attitude of apology"
According to the legal community on the 11th, Judge Heo Jeong-in of the Seoul Central District Court Criminal Division 27 sentenced female director An Mo (32) to two years in prison on charges including special injury. The court explained the sentencing by saying, "The defendant not only expressed her emotional anger by indiscriminately assaulting the victim but also instructed the instructor to use violence. The victim suffered physical injuries and post-traumatic stress disorder and is expected to endure significant mental suffering in the future."
The male instructor Choi Mo (28), who was also indicted, was sentenced to one year and six months in prison with a four-year probation. The court said, "He must live with a lifelong attitude of apology, and if unforeseen aftereffects occur to the victim, he must also pay separate civil damages." However, it noted, "Choi made efforts to seek forgiveness from the victim through continuous sincere apology letters, resulting in a settlement. The victim also submitted a petition to this court requesting leniency considering Choi's future," which was taken into account.
Sought boarding tutoring due to COVID-19... escaped covered in bruises
An and others were indicted for assaulting a student they taught with blunt weapons and fists and confining them in a utility room during a four-month boarding tutoring session starting February last year. The reason was that the student did not study properly or did not obey their instructions. During the assault, they reportedly did not hesitate to use abusive language such as "I want to stab your stomach with a knife." An is also accused of breaking a mobile phone worth about 1.6 million won to prevent the student from contacting their parents. They are also charged with operating a tutoring center in officetels around Gangnam-gu, Seoul, without reporting to the local education superintendent.
The victim was a student retaking the college entrance exam who came to the boarding tutoring center run by An to prepare for the College Scholastic Ability Test (CSAT). The victim's parents sent them there to focus solely on studying without moving around due to concerns about COVID-19 infection. However, the assault continued for four months, and the victim escaped from the confined utility room and returned home. At that time, their entire body was covered in bruises, and the skin on their thighs had necrotized. It is known that the victim gave up on the CSAT due to the trauma from this incident.
The court's reasoning that silenced the instructor's sophistry... the director appeals
An admitted all charges in court but was ultimately sentenced to prison as the victim did not forgive her. The court stated, "There has been no settlement so far, and the victim also wishes for severe punishment against the defendant." An appealed this ruling.
Choi was sentenced to probation after reaching a settlement with the victim but denied some charges during the trial. His argument was that there was insufficient evidence to prove causality between his assault and the victim's injuries, so simple assault charges should apply instead of special assault charges. His lawyer cited the time gap between the alleged assault (May 2020) and the victim's first injury diagnosis (June 2020) as the basis for this claim.
However, the court rejected Choi's claim by focusing more on the victim's physical condition than the medical certificate. The court stated, "If the recognition of injury is judged solely based on medical certificates, in cases like this where the victim was confined for a long time and could not receive hospital treatment, the injury itself could be denied. Considering the scattered wounds on the victim's body immediately after leaving the tutoring center, it is sufficiently recognized that the injuries were caused by Choi's assault." Choi did not file an appeal.
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