A man in his 30s who injured his lover while on probation had his sentence commuted on appeal.

I brandished my cell phone at my lover because I thought he was cheating on me... 1st trial ‘10 months in prison’
Appeals court: “Efforts to restore relationships… taking into account the fact that an amicable agreement was reached”

A man in his 30s who injured his lover by swinging an object while on probation had his sentence reduced on appeal.

On November 29 last year, the Suwon District Court's 5-3 Criminal Division overturned the original verdict that sentenced Mr. A, in his 30s, to 10 months in prison and sentenced him to 10 months in prison and 2 years of probation. He was also ordered to perform 80 hours of community service and take 40 hours of violence treatment classes.

In May 2023, Mr. A was accused of injuring his lover, Mr. B, by swinging objects, including a cell phone, while suspecting him of an affair.

As a result, Mr. B suffered injuries to his face and body, and was diagnosed at the hospital as requiring approximately 4 weeks of treatment.

During the investigation, it was revealed that Mr. A had previously been sentenced to probation for violating the Road Traffic Act and had committed a crime during this period.

The first trial sentenced Mr. A to 10 months in prison. The court explained the reason for the prison sentence, saying, “The injuries suffered by the victim were not light,” and “The defendant committed the crime again despite being on probation.”

Accordingly, Mr. A filed an appeal on the grounds of unfair sentencing. Mr. A explained that he could not control his anger and committed the crime accidentally. He also emphasized that he tried to restore his relationship with Mr. B after the incident.

The appellate court accepted Mr. A’s argument. The court said, “The nature of the crime is not good considering the circumstances and content of the crime, the danger, and the extent of the victim’s injuries,” but added, “The defendant made efforts to restore the relationship with the victim after the crime and did not use any more violent words or actions.”

He then explained the reason for sentencing, saying, “We took into account that the defendant admitted to the crime and was reflecting on his mistakes, and that he reached an amicable agreement with the victim.”

Mr. A's legal representative, attorney Kim Tae-hwan of Daeryun Law Firm (Lihan), explained, “If you commit a crime again during the probation period, you cannot receive probation,” adding, “However, if the sentence is handed down after the entire period has elapsed, you can receive probation.”

He added, “In this case, the crime was committed during the probation period, but the original and appellate sentences were handed down after the period had ended.” He added, “We were able to get a reduced sentence by emphasizing that the relationship between the two is amicable at this point along with Mr. B’s plea for leniency.”

Reporter Kim Jong-cheol (jckim99@sportsseoul.com)

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Man in his 30s who injured his lover while on probation, sentence reduced on appeal (go)