Busan District Court Rules in Favor of Plaintiff in Damages Lawsuit
Defendant's Absence from Trial Deemed "Admission by Default"
The perpetrator of the so-called "Busan spinning kick" incident, who brutally assaulted a woman in her 20s with the intent to sexually assault her, has been ordered to pay 100 million won in damages to the victim.
On September 5, the Busan District Court Civil Division 3 (Presiding Judge Choi Young) ruled in favor of the plaintiff in a damages lawsuit filed by the victim against the perpetrator, Lee Mo (32), ordering him to pay 100 million won, according to a report by Yonhap News.
The court accepted the full amount claimed by the plaintiff, citing that the defendant, Lee, neither appeared at any of the hearings nor submitted any statements during the proceedings. This was deemed an "admission by default," effectively acknowledging the plaintiff's claims. Although the victim faced the burden of engaging in further legal battles with the perpetrator, it is reported that the damages claimed reflected the serious threat to life caused by the incident.
The incident occurred on May 22, 2022, in Seomyeon, Busanjin-gu. At around 5 a.m., Lee followed the victim for over ten minutes with the intent to sexually assault her as she was returning home, and then assaulted her in the lobby of an officetel. The victim was struck repeatedly in the head, lost consciousness, and fainted. In the first trial, Lee was indicted on charges of attempted murder. However, during the appeal, prosecutors uncovered additional evidence, including Lee's DNA on the jeans the victim was wearing at the time of the incident, and amended the indictment to attempted rape and murder. On September 21, 2023, the Supreme Court finalized Lee's 20-year prison sentence.
Meanwhile, while being held in a detention center, Lee was indicted on separate charges of retaliatory threats after threatening to seek revenge against the victim upon release and sending threatening letters to his ex-girlfriend. On August 19, the Busan District Court Western Branch Criminal Division 1 conducted a second witness examination for Lee. Two fellow inmates who shared a cell with Lee testified as witnesses. Both stated that Lee frequently made threatening and derogatory remarks about the victim.
Witness A, who shared a cell with Lee for three months from March to June last year, testified, "When the spinning kick case was on the news, I heard Lee tell an inmate in the next cell that he would kill and sexually assault the victim after being released, claiming he was being treated unfairly." At the time, Lee was undergoing an appeal trial. Witness A added, "Since Lee spoke loudly enough for others to hear, most inmates in the same cell probably heard these remarks." This practice, known as "tongbang," refers to inmates raising their voices to communicate with those in other cells. Another witness, B, also testified that Lee often made retaliatory remarks and frequently expressed resentment over his sentence rather than showing remorse.
The victim, who attended the trial that day, stated, "I believe this trial reveals the defendant's complete lack of remorse." The victim has also filed a damages lawsuit against the state, holding it accountable for inadequate investigation.
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