[Seocho-dong Legal Story] Family of 'Teen Group Assault' Victim: "Can't Cope with the Death of a Family Father"

“I am the victim’s wife. Because of what the defendants call ‘a single mistake,’ a family’s father has died. I cannot bear this.”

Recently, in a courtroom on the 5th floor of the Seoul High Court, during the appeal trial of teenagers including Choi, who collectively assaulted a man in his 30s leading to his death, a bereaved family member, given the chance to speak, broke down in tears and said this.

On the night of August 4, 2021, in the bustling area of Minrak-dong, Uijeongbu-si, Gyeonggi Province, Choi and others got into an altercation with the victim, Mr. A. Mr. A was collectively assaulted for about a minute and was taken to the hospital, but he died the next day from cerebral hemorrhage and other complications.

This case became known after a post titled “Six high school students assaulted a family man with young daughter and son, resulting in death” was uploaded on the Blue House’s public petition board. The prosecution indicted Choi and three others in criminal court.

The first trial sentenced Choi, charged with injury resulting in death, to 4 years and 6 months in prison at the end of last year. The trial court 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, so it would have been difficult for a vigorous young man to endure.” They considered Choi’s confession and the fact that he was a juvenile under the Juvenile Act at the time of the incident.

Nam, charged as an accomplice in injury resulting in death, claimed ‘self-defense,’ but the first trial court ruled, “The fight was not a defensive act, so self-defense is not recognized,” sentencing him to 2 years and 6 months in prison for the long term and 2 years for the short term.

Two other co-defendants present at the scene were sentenced to 1 year in prison with 2 years probation and a fine of 5 million won, respectively.

The first trial court added, “They jointly assaulted the victim, causing an irreversible and severe outcome,” and “They did not reach a settlement with the bereaved families and were not forgiven, so they must be held accountable.”

Choi and Nam appealed the first trial verdict. The prosecution also appealed for all defendants, stating, “The first trial sentences are too light.”

In the appeal trial courtroom, the defendants pleaded for leniency, saying, “We could not have predicted that the victim would die at the time of the incident, nor did we intend to cause death.”

Choi’s lawyer said, “The defendant was an ordinary high school student who worked part-time and lived diligently,” and “While not denying responsibility, it is difficult to see that he actively foresaw the victim’s death after being hit a few times.” He appealed for leniency.

In his final statement, Choi said, “I have nothing to say to the bereaved family even if I had hundreds of mouths,” and “I will never forget, and will live with remorse and regret for the rest of my life.”

Nam’s side argued, “He was a minor under 17 years old at the time and joined the crime impulsively to help Choi. It was late at night, so it was difficult to check the victim’s condition,” and “Nam’s assault lasted only 10 seconds.” Nam apologized to the bereaved family, saying, “I will no longer harm others and will live to contribute to society.”

On the other hand, the prosecutor requested the court to sentence Choi to 9 years in prison and Nam to 9 years long-term and 5 years short-term imprisonment, stating, “Because this is a serious crime that took a precious life.” The prosecutor also sought prison terms of 1 to 1.5 years for the other defendants.

The victim’s family also appeared in court and pleaded for severe punishment of the defendants, asking, “Can this really be called a ‘mistake’?” The wife shed tears, saying, “The defendants may live with atonement, but how can the dead be brought back to life?”

The Seoul High Court Criminal Division 3 (Presiding Judge Park Yeon-wook) will hold the appeal sentencing hearing for them on the 6th of next month.