A driver in his 30s, who was accused of spitting at a person in the next lane, was acquitted in the first trial, but was found guilty of assault in the second trial and sentenced to a fine.
This is based on the judgment that a photograph with saliva on the window of the vehicle was accepted as evidence, and that even if the victim's body was not saliva on the victim's body, the crime of assault could be recognized.
According to the legal community today (28th), the 3rd Division of the Seoul Eastern District Court (Chief Judge Kim Chun-ho) sentenced A (39), who was accused of assault, to a fine of 700,000 won on the 21st.
On August 25, 2020, at around 8 am, Mr. A attempted to cut into the first lane on the second lane of the road in Gwangjin-gu, Seoul.
He is charged with getting out of the car and spitting at the passenger seat of the victim's car, angry when the victim refused to yield.
In May of last year, the court of first instance said, "The only evidence to prove that Mr. A's saliva was on the victim's arm is the victim's statement, the passenger's window was only half open, and even if it was on the arm, it seems rather accidental. "He acquitted A.
However, the second trial judge found that A was guilty of assault.
First, acknowledging the photo of saliva on the victim's vehicle window as evidence, he said, "In the photo, the saliva is on the top of the window glass, and it is not concentrated in one place and is widely sprayed. It's justified," he said.
The court explained that the consistent statement that Mr. A spit at him is also evidence of guilt.
In particular, he ruled that even if the saliva did not get on the body, he could be found guilty.
The court explained, "Even if the saliva did not reach the victim, the crime of assault does not necessarily require the tool to come into contact with the victim's body, and the judgment must be made based on the presence and severity of pain inflicted to the victim."
(Photo = Yonhap News TV capture / Yonhap News)