[Asia Economy Honam Reporting Headquarters Reporter Park Jin-hyung] A man in his 60s who fatally assaulted a junior in the neighborhood over a trivial dispute was sentenced to prison again in the appellate trial.
The Gwangju High Court Criminal Division 2-3 (Presiding Judge Park Jeong-hoon) announced on the 21st that it dismissed the appeals filed by both the defendant and the prosecution on the grounds of inappropriate sentencing in the appellate trial of A (65), who was charged with injury resulting in death, and upheld the original sentence of four years in prison.
A was brought to trial on charges of fatally striking junior B’s face with a fist in front of a cafe in Gwangsan-gu, Gwangju Metropolitan City, around 11 a.m. on December 9 last year.
B lost balance from the impact of the assault and fell to the ground, hitting his head. Although he was transferred to a hospital for treatment, he ultimately died from brainstem paralysis caused by increased intracranial pressure due to swelling.
A committed the crime after becoming enraged upon hearing B say, "If you are a senior by one year, you are a senior. Have you ever bought me a drink during that time?"
A’s side argued that the use of physical force against B was within the scope of assault and that there was no foreseeability of death, claiming that punishing him as a 'resulting aggravated offense' was unfair, but later withdrew this position in the appellate trial.
The court explained, "The victim lost a precious life due to A’s crime, and the bereaved family is pleading for severe punishment."
It added, "A has nine prior convictions for violence and eight other types of convictions, including two prison sentences, yet committed this crime again," and "considered various circumstances such as the motive and means of the crime comprehensively."
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