Defense Attorney: "Cause of Death Must Be Examined"
Prosecution: "Over 160 Beatings, Intent to Kill Evident"
A man in his 30s, a former Ssireum wrestler who was sentenced to 1 year and 6 months in prison in the first trial for assaulting a neighbor over noise complaints between floors, resulting in the neighbor's death, denied some of the charges in the appeal trial as well.
According to Yonhap News on the 15th, the Daejeon High Court's 1st Criminal Division (Presiding Judge Song Seokbong) held the first appeal trial for Mr. A (32), who was indicted on charges of injury resulting in death.
On that day, Mr. A and his defense counsel admitted to the assault but argued that it is difficult to acknowledge the causal relationship that the victim, who had a chronic illness, died due to the assault, claiming factual errors and legal misunderstandings. To prove this, they requested fact inquiries into medical institution records and documents from the Korea Medical Dispute Mediation and Arbitration Agency.
They also argued that witness examinations of Mr. A’s wife, who witnessed the scene after the crime, were necessary.
Regarding Mr. A’s claims, the court requested Mr. A’s defense attorneys to submit a statement verifying the fact that Mr. A’s wife witnessed the police and ambulance being called at the time of the crime. The court also explained that during the first trial, Mr. A reached a settlement with the bereaved family of Mr. B, but there remain questions about this settlement, so confirmation from Mr. A’s defense attorneys is needed.
A man in his 30s, a former Ssireum wrestler who was sentenced to 1 year and 6 months in prison in the first trial for assaulting a neighbor over noise complaints between floors, resulting in the neighbor's death, partially denied the charges in the appeal trial as well. Photo by Kim Dahee, Asia Economy
Earlier, Mr. A, a former Ssireum wrestler, was prosecuted on charges of causing death by assault after, on November 20 last year, he became enraged and assaulted Mr. B, an upstairs neighbor with whom he had ongoing conflicts over noise complaints between floors, about 160 times over approximately 50 minutes after Mr. B slapped his cheek while they were drinking together.
Mr. B died during hospital treatment from hypovolemic shock caused by multiple injuries to his face, head, chest, and abdomen. At the time, Mr. A had gone to Mr. B’s residence to complain about the noise, and when Mr. B offered him a drink, they drank together, according to the investigation.
The prosecution sought a 15-year prison sentence in the first trial, arguing that Mr. A’s intent was close to murder. The first trial court sentenced Mr. A to 1 year and 6 months in prison, stating, “Although the victim had a bleeding disorder, considering the extensive bleeding caused by the prolonged assault, the causal relationship between the assault and death is recognized.”
In response, the prosecution appealed, claiming the sentence was too light and unjust, and Mr. A’s side also appealed, arguing the sentence was unfair.
The court will continue the trial at 3 p.m. on the 12th of next month, considering the time needed for responses to the requested fact inquiries.
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