"Why Is Your Tone Like That?"... Mart Employee Causes Customer to Lose Sight with a Stick

Cashier and Customer Clash, Swinging Sticks at Each Other
Self-Defense Claim Deemed "Active Aggressive Behavior"

A cashier who caused a customer to lose their eyesight by swinging a rod during an argument at a mart in Seongdong-gu, Seoul, was sentenced to prison.

According to the legal community on the 27th, the 12th Criminal Division of the Seoul Eastern District Court (Chief Judge Lee Jong-chae) sentenced Mr. A, in his 50s, who was tried on charges of special grievous bodily harm, to 1 year and 6 months in prison.

Previously, in September 2021, Mr. A, working as a mart cashier, had an argument over the tone of speech with Mr. B, a customer in his 60s, who requested a change in the capacity of a food waste bag. During this process, Mr. B shook a food waste bag in front of Mr. A's face.

Angered by this, Mr. A swung a 43cm plastic and rubber composite product separation rod at Mr. B, who also swung a 58cm wooden rod he was holding. During the altercation, Mr. B was hit in the right eye by the rod swung by Mr. A, resulting in permanent loss of eyesight.

During the trial, Mr. A claimed, "Even if Mr. B was hit by the rod, the causal relationship with the grievous bodily harm cannot be recognized," and argued, "Since Mr. B swung the rod first, it constitutes self-defense or excessive self-defense."

However, the court stated, "According to the closed-circuit television (CCTV) footage at the scene, it was confirmed that blood flowed from Mr. B's right eye after being hit by the tip of the rod swung by Mr. A," and "Based on the evidence, the defendant's actions are judged to be an active attack against the victim."

The court added, "The victim must have suffered great physical and mental pain and shock from this incident," and "The defendant denied the crime and raised unreasonable claims questioning whether the victim actually lost eyesight, which aggravated the victim's mental distress."

However, the court explained the sentencing reasons by considering "that the defendant is a first-time offender with no prior criminal record, and that the crime was committed somewhat impulsively during a dispute with a customer."