Two drivers got into a fistfight on a road on July 22, 2023. One of them had a severe case of atherosclerosis, and, after getting punched in the face several times and pushed in the chest, the person collapsed and died.
South Korea’s Supreme Court, in a decision made last month and reported by the media Wednesday, cleared the defendant of responsibility for the victim’s death, stating that while he was guilty of the crime of violence, he was not liable for the death.
The top court sided with lower courts in judging that the victim’s death was due to complications from his underlying heart condition, not a direct result of the violence he suffered in the fight.
The defendant, however, was found guilty of violence, receiving a sentence of eight months in jail, suspended for two years.
The prosecution had indicted the defendant on charges of violence and violence resulting in death, the latter of which which carries a minimum sentence of three years in prison, compared to the maximum two-year sentence for violence.
Both the district and appellate courts agreed that the death did not appear to be a direct result of the assault the victim suffered.
The district court said while the defendant inflicted injury on the victim, it was not at a level that typically leads to death. It added that he could not have known that the victim had underlying heart problems as the two men had never met prior to their quarrel.
The appellate court also said that it was not likely the defendant could have anticipated the victim's death.
An autopsy found that the victim had severe atherosclerosis, a thickening of the arteries caused by a buildup of plaque.
minsikyoon@heraldcorp.com
