"'Getting Cocky and Coughing in the Smoking Area' - 20-Year-Old Security Guard Assailant's Sentence Reduced"

4-Month Prison Sentence with 1-Year Probation and 120 Hours Community Service in First Trial
→ 8 Million Won Fine in Second Trial

A man in his 20s who was sentenced to prison in the first trial for brutally assaulting a security guard in his 60s who asked him to smoke in the designated smoking area had his sentence reduced to a fine in the appeal trial.

▶Refer to the April 16, 2022 article "Telling him to go to the smoking area" 'Brutal assault on security guard' 21-year-old international student [Seocho-dong Legal Story]

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[Image source=Yonhap News]

According to the legal community on the 29th, the Seoul Central District Court Criminal Appeal Division 8-2 (Presiding Judges Kim Bong-gyu, Kim Jin-young, Kim Ik-hwan) recently sentenced A (22), who was indicted for injury, to a fine of 8 million won in the second trial, stating that "the sentence in the first trial was too heavy and unfair."

The court stated, "The victim received 17.5 million won from the defendant's parents and reached a settlement, so he does not want punishment," and "The defendant had previously received treatment for poor mental health. Considering the defendant is a university student, leniency can be considered once for his future."

Earlier, around 5 a.m. on July 6, 2021, A took out a cigarette and lit it at the entrance on the first floor of an officetel in Gangnam-gu, Seoul, when security guard B (64) asked him to smoke in the designated smoking area.

A ignored the request and finished smoking, but after returning home, he felt upset thinking that he had been ignored. He went back out and shouted, "Do you see me as a f***ing idiot?" and pushed B, who was on patrol, causing him to fall.

He also threatened, "Who the hell are you to tell me where to smoke or not?" "Just try looking at me. I'll gouge your eyes out," and then kicked B's body and head several times while he was down.

Although B begged, "Please stop hitting me. I was wrong. Please spare me," A's assault did not stop. Eventually, B had to be hospitalized for about three weeks due to a concussion and bruises.

A, who was studying at a university in Hong Kong, was temporarily back in Korea at the time. After the incident, he left for Hong Kong during the investigation without properly apologizing to B. When the investigative agency asked if he intended to settle with the victim, he replied, "I am currently in Hong Kong," and provided his father's phone number.

In the first trial last year, A was sentenced to four months in prison with one year of probation. He was also ordered to perform 120 hours of community service. The first trial court pointed out, "The defendant insulted and threatened the victim who made a legitimate request simply because he felt 'offended,' and cruelly continued to kick him with his feet, showing a very bad nature of the crime," and "He does not appear to be sincerely reflecting on his crime."

A appealed the first trial's verdict, and his sentence was reduced to a fine in the recent appeal trial.