"Apologize" - 20s Who Hit Former School Violence Perpetrator Seeks Leniency After First Trial Imprisonment [Seocho-dong Legal Story]

"Do you have any final words, defendant?" (Judge)

"Uh... I will be careful to ensure this kind of thing does not happen again." (Defendant)

Recently, Kim, a man in his early 20s, standing in the defendant's seat in the appellate court on the 4th floor of the Seoul High Court in Seocho-gu, Seoul, made this final statement.

According to the legal community on the 1st, Kim was brought to trial on charges of assaulting Choi, an alumnus he met on the street in Songpa-gu, Seoul, on April 18, 2021.

At the time of the incident, Kim was demanding an apology for bullying he had suffered during his school days. In the process, emotions escalated, and Kim grabbed Choi by the collar and slapped him. He also punched Choi in the jaw. Choi had to be hospitalized for about six weeks due to a fractured jawbone and other injuries.

The prosecution indicted Kim on assault charges. Kim, who was once a victim of school violence but became the perpetrator in this assault case, admitted all his charges.

Earlier, the first trial court sentenced him to a lighter sentence of four months imprisonment, which was below the recommended sentencing range (six months to two years and six months imprisonment) according to sentencing guidelines.

At that time, the court pointed out, "The victim Choi was severely beaten unilaterally and seriously injured, and it seems there will be aftereffects even after treatment," adding, "The victim has not forgiven the defendant and strongly petitions for severe punishment. No restitution has been made."

However, the court did not detain Kim in custody, stating, "The defendant’s family situation is very difficult, as his mother has received bankruptcy discharge, and he must support his mother."

Pretrial detention is when the judge issues a warrant in court to detain the defendant immediately after sentencing if the defendant receives a prison sentence without suspension in the first or second trial. Since 2021, Korean courts have adopted the principle of immediate detention only when ‘there are grounds and necessity for detention’ considering the seriousness of the crime or risk of recidivism.

Facing the uncertainty of when he might be detained, Kim appealed, claiming "the first trial sentence was too harsh."

At the appellate trial held about a year after the first sentencing, Kim’s public defender pleaded for leniency, stating, "The defendant’s father passed away during the first trial, and last year the family suffered flood damage, causing great distress." The defender also emphasized, "Despite these hardships, the defendant paid the victim 15 million won in settlement money, and the victim stated that he does not want punishment."

Kim also bowed his head to the court, pledging not to repeat his mistakes.

On the other hand, the prosecutor requested the appellate court to uphold the first trial’s prison sentence.

The 2nd Criminal Appeals Division of the Seoul Central District Court (Presiding Judge Kang Hee-seok) will hold the sentencing hearing for Kim’s appeal on the 9th.