Victim "Sound of running from behind... climbed on back"
A student in her 30s who was prosecuted for injuring another student while helping with a 'leg-splitting stretch' in preparation for a university class was sentenced to a fine again in the second trial.
According to the legal community on the 24th, the Seoul Central District Court Criminal Appeal Division 5-3 (Presiding Judge Jeong Deok-su) recently dismissed the appeal of university student A (34, female), who was indicted on charges of negligent injury, and sentenced her to a fine of 1.5 million won, the same as in the first trial.
The court stated, "The victim consistently testified that 'after hearing the sound of someone running from behind, the defendant climbed onto her back.' Witness testimonies are the same," and added, "It cannot be considered that the defendant helped with the stretching in a normal manner," and "The defendant could have helped with the stretching by paying closer attention to the other person's condition and applying force gradually."
The court also rejected A's claim that "B was injured due to a past injury." It further stated, "The victim said at the time of the incident that she had symptoms like a slight sprain from musical activities. She has never received medical treatment or diagnosis for muscle rupture," and "There is no past treatment record for the same area," adding, "Based solely on the reenactment video submitted by the defendant, it is difficult to conclude that the defendant was not negligent."
Earlier, A was accused of injuring another student, B, by pressing strongly on her back while preparing for an 'acting practice' class at a university in Seoul on March 15, 2021.
The two, who had an age difference of more than 10 years, had met only about twice in class until then. They decided to help each other with leg-splitting stretches before class to improve flexibility.
B placed her upper body on the floor and split her legs to both sides, while A pressed on her back. At that moment, B injured the muscle in her left thigh, resulting in an injury requiring seven weeks of treatment.
In the trial, the prosecution pointed out, "The defendant should have helped with the stretching in a safe manner to prevent injury," while A denied the charges.
The first trial sentenced A to a fine of 1.5 million won, stating, "Based on the circumstances of the accident, the defendant applied excessive force to the victim suddenly."
A appealed the first trial's verdict. A's lawyer argued, "The victim has a record of injuring the muscle on the back of her thigh two years ago. She did not inform the defendant of her past injury in advance," and "The defendant helped with the stretching normally. We recruited two unrelated people to reenact the situation. Even when running and pressing down, no injury occurred," submitting the reenactment video to the court.
A also claimed, "For example, if someone knows their dental condition is poor after dental treatment and the doctor warns them, that person should avoid eating candy offered by others considering the possibility of tooth damage. The same applies to leg-splitting stretches. If the victim had not been previously injured like this, even a stronger pressure on the back would not have caused injury."
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