A man in his 40s, who served as an apartment building representative, has been acquitted of assault resulting in death in an appellate court trial following a physical altercation that left another representative dead.

According to legal circles on July 20, the Suwon High Court Criminal Division 1 (Presiding Judge Shin Hyun-il) dismissed the appeals filed by both the prosecution and the defendant. The court upheld the lower court's ruling, finding the defendant, identified as A, guilty only of simple assault and sentencing him to 10 months in prison, suspended for two years.

A was indicted on charges of assaulting B, a fellow representative in his 50s, on February 28, 2024, at around 7:40 p.m. at an apartment management office in Pyeongtaek, Gyeonggi Province, following a dispute over issues such as the placement of illegal parking stickers.

A followed B outside the office and struck him in the face and other areas with his fists and feet. B collapsed after walking a few steps and was transported to a hospital, where he was pronounced dead due to acute cardiac arrest.

The prosecution indicted A on charges of assault resulting in death, arguing that the victim died as a direct result of the assault.

However, both the first and second trial courts determined that while there was a causal link between the assault and the death, A could not have foreseen that the assault would lead to the victim's death.

The appellate court stated, "According to witness testimony, it is acknowledged that the defendant kicked the victim in the face, but as he was being held back by others at the time, it is unlikely he could have delivered a full-force, powerful kick."

The court further explained the acquittal on the charge of assault resulting in death, noting, "Even looking at the appraisal from the National Forensic Service, it cannot be concluded that the severity of the assault posed a threat to the victim's life. While a strike to the face can be fatal, given the circumstances where the defendant was being restrained, it is difficult to conclude that it was proven beyond a reasonable doubt that the defendant could have foreseen that his actions would lead to the victim's death."

Regarding the sentencing, the court stated, "It appears the lower court sufficiently considered all sentencing factors," explaining the reason for dismissing the appeals.

Previously, the first trial court ruled, "Considering that the victim had no particular underlying medical conditions and was physically larger than the defendant, it would have been difficult to easily anticipate that the assault would lead to death."

Explaining the sentencing for simple assault, the court added, "We took into account that the victim struck the defendant in the face first during the physical struggle. We comprehensively considered that the crime occurred somewhat impulsively and that the defendant is reflecting on his wrongdoing."

(Photo: Yonhap News)