Man in his 40s gets suspended prison sentence, replacing fine, for slapping middle school girl he had never met at a restaurant

[Financial News]  A man in his 40s who slapped and knocked down a middle school girl he had never met at a restaurant was given a suspended prison sentence on appeal, a heavier sentence than the fine imposed by the lower court.
Yonhap News Agency, News 1 and other outlets reported on the 6th that the Busan District Court’s Criminal Appeals Division 4-1, presided over by Judge Jeong Seong-ho, overturned the lower court’s ruling sentencing a man in his 40s, identified as A, to a fine of 5 million won for violating the CHILD WELFARE ACT (child abuse) and assault. It sentenced him to eight months in prison, suspended for two years.
The court also ordered A to undergo probation.
A was sent to trial on charges of assaulting B, a middle school girl who was 13 at the time, at a restaurant in Geumjeong-gu, Busan, at around 6 p.m. on Nov. 1 last year.
A approached B from behind as she sat on a chair and struck her hard on the right cheek with his hand. B fell to the floor along with the chair.
Investigators found that the two had never met before.
The first-trial court sentenced A to a fine of 5 million won, considering that although the offense was serious and the assault was not minor, he had admitted to the crime and expressed remorse, and his mental illness appeared to have been one cause of the offense.  The prosecution appealed, arguing that the sentence was too lenient.
The appellate court said, “The defendant assaulted a middle school girl he had never met, making the offense serious, and the degree of assault was not minor.” It added, “The child victim appears to have suffered not only physical pain but also considerable psychological shock, and yet the defendant has not been forgiven.”
The court ruled, “Even considering the favorable circumstances—that the defendant admitted to the offense and expressed remorse, received inpatient treatment after the offense and made efforts to prevent reoffending, and had no record of criminal punishment for approximately the past 13 years—the lower court’s sentence was too lenient and therefore unjust.”
The court added, “The defendant appears to need psychiatric treatment during the probation period, but the materials submitted to the lower court and this court are insufficient to establish that he had a mental or physical impairment.” It imposed a special condition requiring him to receive psychiatric treatment during probation.
[email protected] Kim Su-yeon Reporter