Reasons for Absence from 'Busan Kicking Assault' Trial: "Health Issues, Dissatisfaction with Attorney"

Court: "Trial Will Proceed Even If Defendant Fails to Appear Next Time"

Application of the "Special Act on the Expeditious Trial of Cases"

The reasons for the repeated absences of the assailant in the 'Busan 돌려차기' case from the appellate trial, where he faces additional charges of retaliatory threats against the victim, have been released.

The image shows the perpetrator Lee attacking the victim Kim with a spinning kick in Busan. Photo by Yonhap News

On July 7, the Criminal Division 2 of the Busan High Court (presiding judge Park Woonsam) made public the reasons for non-attendance submitted by defendant A in the appeals trial for the 돌려차기 case.

On May 27, A did not appear at the scheduled appellate hearing and submitted a statement citing "health reasons" as the cause for his absence. At the hearing on July 1, he was again absent, this time giving "dissatisfaction with his court-appointed attorney" as the reason. Due to A's absence, the trial has been postponed to July 22.

The court determined that, overall, the reasons A provided for his absences were not justified. Accordingly, the court notified A that the trial would proceed even if he continues to be absent in the future.

Starting this month, the courts have been applying the revised "Special Act on the Expeditious Trial of Cases," aiming to prevent defendants from delaying trials by intentionally failing to appear. Under the Special Act, if a defendant, after attending at least one session, fails to appear without a valid reason, the trial can proceed without his or her testimony. However, this currently only applies to trials at the first-instance level.

An official from the legal community commented, "If the revised act also applied to appellate trials, the appeals panel in the 돌려차기 case would have been able to respond more effectively. It is regrettable that this is not the case."

In May 2022, A was sentenced to 20 years in prison for following a woman returning home at an officetel building entrance in Seomyeon, Busanjingu, Busan, and assaulting her by kicking her in the head, with the intent of sexual assault. He is currently serving his sentence.

Subsequently, A was additionally indicted for making retaliatory remarks about the victim's address to a fellow inmate while in custody. He is also facing charges of sending threatening letters to his ex-girlfriend and coercing a cellmate to bring in goods purchased during visits.

At the first trial in February, the court sentenced A to an additional one year in prison. The presiding judge pointed out, "The defendant committed a grave crime threatening the victim's life and, even after incarceration, showed no remorse and committed further offenses, causing the victim additional suffering," emphasizing the seriousness of the crimes.

This content was produced with the assistance of AI translation services.