"Truly Absurd" Warrant Denied for 'Seoul Station Random Assault Suspect'... Public Sentiment Law Boils Over

'Random Assault Suspect' Warrant Dismissed, Victim's Side Sighs
Civilians Complain, "Who Would Dare Walk the Streets in Fear?"
Warrant Dismissal Unproblematic but So-Called 'Gukmin Jeongseo Law' Faces Flood of Criticism

On the morning of the 4th, Lee Mo (32), who assaulted a woman he had never seen before at Seoul Station and fled, is being transferred to the Seoul Metropolitan Railroad Police Agency for additional investigation ahead of his appearance at the detention warrant hearing at Yongsan Police Station in Seoul.
[Image source=Yonhap News]

[Asia Economy Reporter Han Seung-gon] Criticism is mounting over the rejection of the arrest warrant for the suspect in the so-called 'Seoul Station random assault' case. There are concerns that dismissing the warrant due to failure to follow arrest procedures does not align with public sentiment.

The victim's side immediately expressed fear of retaliatory crimes by this man, and citizens also voiced anxiety over the fact that the perpetrator of such a brutal crime is now free. Some have openly condemned the court, leading to a situation where statutory law is being criticized as a kind of public sentiment law.

On the 4th, Kim Dong-hyun, the judge in charge of warrants at the Seoul Central District Court, conducted a pre-arrest suspect interrogation for a man in his 30s, Lee Mo, who is accused of assault, and ruled, "Since the emergency arrest was illegal, it is difficult to accept the request for the arrest warrant based on it," adding, "Even a criminal suspect cannot be exempted from the protection of residential tranquility without constitutional and legal grounds," thus rejecting the arrest warrant.

Judge Kim stated, "The investigative agency had identified the suspect's identity, residence, and mobile phone number," and "Considering that the suspect was sleeping at home and there was no risk of flight or evidence destruction, it is difficult to see this case as one where there was no time to obtain an arrest warrant and thus forcibly enter the suspect's residence for an emergency arrest and search."

Seoul Court Complex Main Building [Image source=Yonhap News]

Although the warrant was dismissed due to procedural issues because the emergency arrest did not meet the requirements under current law (Article 200-3, Paragraph 1 of the Criminal Procedure Act), separate voices of criticism are growing.

Immediately after the warrant dismissal, the victim's family posted on Twitter, "A person's home is his fortress, and even if he is a criminal suspect, there can be no exception to the protection of residential tranquility. This is the most absurd sentence we've seen recently," adding, "Thanks to this, we who reported the victimization are now trembling in fear."

There are concerns that the perpetrator might come looking for the victim again to commit retaliatory crimes. Retaliatory crimes, such as perpetrators assaulting those who reported them, continue unabated.

According to data from the Ministry of Justice, a total of 2,126 retaliatory crimes occurred over five years from 2014 to 2018. This is based on the aggravated punishment reception status under Article 5-9 of the Act on the Aggravated Punishment of Specific Crimes.

Retaliatory crimes numbered 403 in 2014, 474 in 2015, 479 in 2016, 389 in 2017, and 381 last year. As of July last year, 232 cases were recorded. Among types of retaliatory crimes over the past five years, retaliatory threats were the most common with 1,142 cases, followed by retaliatory assault with 513 cases, and retaliatory injury with 392 cases.

Lee Mo (32), accused of fleeing after assaulting a woman in her 30s by hitting her face at Seoul Station [Image source=Yonhap News]

Given this situation, voices condemning the court's decision to reject the warrant continue to rise. A university student in their 20s, A, said, "Looking at the perpetrator's crime, it is literally a 'random crime,'" adding, "Because of the warrant dismissal, the victim woman can only tremble in fear again."

A 30-something office worker, B, said, "I think the victim has effectively suffered secondary victimization due to the warrant dismissal," adding, "Not only the victim but others also cannot help but feel anxious about becoming victims of 'random assaults' or 'random crimes' themselves."

He continued, "I hope the court makes a judgment that fits the situation better," expressing frustration.

Lee is accused of assault for hitting the left cheekbone area of a woman in her 30s whom he had never met before at 1:50 p.m. on the 26th of last month on the first floor of Seoul Station of the Airport Railroad and fleeing the scene. Due to Lee's assault, the victim suffered a fractured cheekbone and a torn area near the eye.

The Seoul Metropolitan Railroad Police under the Ministry of Land, Infrastructure and Transport identified Lee's appearance based on witness and victim statements, and through closed-circuit television (CCTV), they made an emergency arrest at Lee's residence in Sangdo-dong, Dongjak-gu, on the 2nd.

During the investigation, Lee stated, "While riding the escalator toward the entrance of the Airport Railroad, a man approached and bumped into my shoulder," adding, "Then he cursed and hit my face."

Before the substantive hearing for the warrant, Lee met with reporters and, when asked if he admitted the charges, said, "I did not do it on purpose. I deeply apologize and ask for forgiveness just once," adding, "I will make sure it does not happen again."

When asked why he assaulted, Lee said, "I lost my temper momentarily and committed a mistake," adding, "I think I made a big mistake for a moment. I ask for forgiveness once again."