The Supreme Court ruled that if a child who hit a father for not giving money is forgiven, prosecutors cannot indict.
The Supreme Court's Second Division (Presiding Justice Eom Sang-pil) said on June 9 that it accepted the prosecutor general's extraordinary appeal on Apr. 30, overturned the lower court's summary order imposing a 1 million won fine on a person surnamed Lee (32) indicted on charges of assaulting a lineal ascendant, and dismissed the indictment.
At about 10 a.m. on Nov. 4, 2022, in front of a mart in Cheonan, South Chungcheong Province, Lee asked his father to "give me money," and when refused, became angry and struck his father's arm three times with a dip net (a wooden tool for catching fish) displayed at the mart. He also kicked him.
The prosecutor summarily indicted Lee on a charge of assaulting a lineal ascendant and sought a 1 million won fine, and the Cheonan branch of the Daejeon District Court issued a summary order.
However, before the prosecutor filed the summary indictment, on Nov. 6, 2022, Lee's father, the victim, told investigators that he "did not want his son to be punished." Under the Criminal Act, a prosecutor cannot indict a suspect against the victim's clearly expressed intent.
An extraordinary appeal is an exceptional remedy that can be used when, after a judgment becomes final, the trial result is found to be inconsistent with statutes. When the prosecutor general files it, the Supreme Court renders a final judgment in a single instance.
The Supreme Court said, "The request for a summary order in this case falls under a situation where the prosecution procedure is null and void for violating statutory provisions," adding, "We overturn the original decision and dismiss the indictment."