[Asia Economy Reporter Kim Daehyun] Jung Jin-woong, Deputy Chief Prosecutor of Ulsan District Prosecutors' Office, who was accused of assaulting Prosecutor Han Dong-hoon during a search and seizure, was sentenced to a suspended prison term in the first trial.
On the 12th, the Criminal Division 22 of the Seoul Central District Court (Presiding Judge Yang Cheol-han) sentenced Deputy Chief Prosecutor Jung, who was indicted for violating the Act on the Aggravated Punishment of Specific Crimes (official violence), to 4 months in prison with a 1-year suspension and a 1-year disqualification.
The court stated, "The defendant did not exercise the minimum caution as to whether the use of physical force was justified during the execution of the search warrant, and assaulted the victim under the subjective judgment that the victim was attempting to destroy evidence," adding, "Physical force against the subject of the search during the execution of the warrant must be strictly limited, and the defendant's actions are highly blameworthy."
Furthermore, the court pointed out, "The defendant claims his actions were justified during the trial but has not reflected on his actions or the consequences, nor has he made efforts to restore the damage."
Earlier, Deputy Chief Prosecutor Jung was brought to trial on charges of official violence against Prosecutor Han during the seizure of a mobile phone SIM card in July last year as part of the investigation into the 'media-prosecution collusion' suspicion case. Official violence refers to prosecutors or police officers abusing their authority during investigations to arrest or assault suspects or engage in cruel acts.
At the last sentencing hearing, the prosecution requested the court to sentence the defendant to one year in prison, stating, "The defendant, who should protect human rights and due process, assaulted and caused injury to the investigation target during the execution of the search warrant."
On the other hand, Deputy Chief Prosecutor Jung's defense argued for acquittal, claiming that he was trying to prevent Prosecutor Han from attempting to destroy evidence and that no assault occurred. In his final statement, Jung said, "Like other prosecutors, I am confident that I acted fairly according to the law and principles," and added, "I never intended to assault Prosecutor Han, nor did I have any reason to do so."
However, the court did not accept the defense's claim that "I lost my balance and fell accidentally while trying to take the phone." The court judged that Deputy Chief Prosecutor Jung had the opportunity to stop physical contact with Prosecutor Han but did not do so.
The court continued, "There was at least a minimal indirect intent not only to take the phone but also to exert physical force on the body," and ruled, "It is impossible not to recognize the intent to assault."
However, the court found that Prosecutor Han did not suffer injury from the official violence and applied the general official violence charge rather than the aggravated charge under the special law, sentencing Jung guilty accordingly.
Additionally, the court stated, "The defendant's crime was an unintentional act that occurred while trying to secure the phone to be seized from the victim," and "Considering that the defendant did not intend to exert physical force from the beginning, the degree of force was not severe, and that he has devoted a long time to the prosecution without prior criminal records."
Meanwhile, regarding the media-prosecution collusion suspicion, former Channel A reporter Lee Dong-jae, who was tried on charges of attempted coercion, was acquitted in the first trial on the 16th of last month. Lee was accused of threatening former Value Invest Korea (VIK) CEO Lee Cheol to report corruption allegations against Yoo Si-min, chairman of the Roh Moo-hyun Foundation. Prosecutor Han was suspected of conspiring in this but was not indicted.
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