A man in his 40s who attacked with an ‘electric shock gun’ during a dispute over noise between apartment floors, was sentenced to probation by the appeals court.

Charges of special assault, violation of the Firearms and Explosives Act, etc.
“Long-term conflict, even young children are threatened.”
Defendant appeals for leniency taking into account all circumstances
The court “maintained the original judgment”… Prosecutor's appeal dismissed

A man in his 40s who injured his neighbor by wielding an electric shock gun during an argument over noise between floors of his apartment was sentenced to probation in the second trial.

Suwon District Court's 6-3 Criminal Division (Chief Judges Kim Eun-jeong, Shin Woo-jeong, and Yoo Jae-gwang) dismissed the prosecutor's appeal in the appeal trial against Mr. A, who was indicted on charges of special assault and violation of the law on safety management of guns, swords, and explosives in December last year, and upheld the original decision that sentenced him to eight months in prison and two years of probation.

In February of the same year, Mr. A was brought to trial on charges of stabbing Mr. B, a neighbor in his 50s, in the neck and face with an electric shock gun at an apartment in Yeongtong-gu, Suwon-si, Gyeonggi-do, in February of the same year.

During the police investigation, Mr. A, who was living in the house below Mr. B at the time of the incident, is known to have stated, “I was protesting about the noise between floors, but I committed the crime because I was harassed by Mr. B’s family, including retaliatory noise.”

Mr. A's lawyer also argued in court, saying, "Mr. A was a parent raising a young child, and was worried about the safety of his children due to Mr. B's violent behavior. The electric shock gun was kept for self-defense, and was never used even during the ongoing conflict with Mr. B."

He continued, “On the day of the incident, Mr. A was with his children, and when he encountered Mr. B as usual, all the anxiety he had been feeling exploded all at once,” adding, “Mr. A has acknowledged his mistakes and is deeply reflecting, and has never shown violent tendencies.”

The first trial court found Mr. A guilty of assault. However, the suspended sentence was given in consideration of the fact that Mr. A had a conflict with the victim over noise between floors and that crime victim protection measures were in place for Mr. A's children even before the incident occurred. The prosecution appealed, saying the sentence was light, but the appellate court dismissed the appeal.

Attorney Park Se-hoon of Daeryun Law Firm (Lihan), who is Mr. A's legal representative, said, "This was an incident that occurred during a dispute over noise between floors, so there were many legal aspects to consider. I understand that the first and second trial courts accepted the part in which Mr. A had great fear, which was formed due to conflict and damage accumulated over a long period of time, and the part in which he committed the crime for the safety of his children."

Digital News Reporter

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International Newspaper - Man in his 40s who attacked with an 'electric stun gun' during a dispute over noise between apartment floors, suspended sentence after appeal (link)
Sports Seoul - Man in his 40s who took out a stun gun and attacked during a dispute over noise between apartment floors, suspended sentence after appeal (link)