Apartment Building Representative Dies After Dispute... Appeals Court Also Finds 'Not Guilty' of Fatal Assault

Suwon High Court Sentences 10 Months in Prison, Suspended for 2 Years
Court: "Difficult to Foresee the Death... Only Assault Conviction"

In relation to a case in which one person died due to an altercation between apartment building representatives that escalated into physical violence, the representative in his 40s who was the perpetrator was once again found not guilty of fatal assault charges in his appeal trial.

According to Yonhap News on July 20, the Suwon High Court Criminal Division 1 (Presiding Judge Shin Hyunil) dismissed both the prosecutor's and defendant's appeals in the appeal verdict for Mr. A, who was indicted on charges of fatal assault. Upholding the initial court’s ruling, the court found Mr. A guilty only of assault and sentenced him to 10 months in prison, suspended for 2 years.

Suwon District Court and Suwon High Court in view. Photo by Yonhap News

Mr. A was brought to trial for assaulting Mr. B, another building representative in his 50s, during a dispute at an apartment management office in Pyeongtaek, Gyeonggi Province, around 7:40 p.m. on February 28, 2024, over issues such as illegal parking sticker attachments. At the time, Mr. A went outside the management office and struck Mr. B in the face and elsewhere with his fists and feet. Mr. B then walked a few steps before collapsing and was taken to a hospital, where he died of sudden cardiac arrest.

The prosecution charged Mr. A with fatal assault, claiming the victim died due to Mr. A’s violence. However, both the first and second instances courts acknowledged there was a causal relationship between the assault and the death but determined that Mr. A could not have foreseen the death. The first instance court previously explained, “Considering that the victim did not have any particular underlying diseases and was physically larger than the defendant, it would have been difficult to easily predict that the assault would result in death.”

The appellate court stated, “According to witness statements, while it is recognized that the defendant kicked the victim in the face, it appears that his companions were holding onto him at the time, making it unlikely that he could have kicked with full force.” The court continued, “Even the National Forensic Service’s report does not conclusively state that the degree of assault threatened the victim’s life. Although injuries to the face can be fatal, all things considered—including the fact that the defendant was being restrained while kicking—it is hard to conclude beyond reasonable doubt that the defendant could have foreseen the victim’s death as a result of the assault. This is why he is found not guilty of fatal assault.”

Regarding the sentencing for the simple assault conviction, the court added, “We took into account that, during the struggle, the victim hit the defendant in the face first,” and “We also considered that the incident seemed somewhat impulsive and that the defendant is reflecting on his wrongdoing.”

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