[Seocho-dong Legal Talk] Muslims Posting Flyers at French Embassy... Supreme Court Confirms Leniency

Beheading Incident of French Middle School Teacher
President Macron's 'Mosque Closures and Tough Remarks' Spark Protests and Backlash Among Some Muslims
Appeals Court: "Protest, Not Direct Harm" ... Suspended Fine Given as Leniency

On October 28 last year (local time), a Muslim woman in the Gaza Strip, Palestine, is passing in front of a mural protesting against French President Macron's remarks.
[Image source=Reuters Yonhap News]

[Asia Economy Reporter Kim Daehyun] "Do not insult Muslims." "Those who draw a sword against us will die by that sword."

Around 10 p.m. on November 1 last year, leaflets with these phrases were posted on the outer wall of the French Embassy in Seodaemun-gu, Seoul. The leaflets also featured a crossed-out image of French President Emmanuel Macron. The act was carried out by Mr. A, a Russian national, and Mr. B, a Kyrgyzstan national attending graduate school in Korea.

About two weeks earlier, there was a 'middle school teacher beheading' incident in Paris, France. A history teacher showed students a cartoon from the French weekly Charlie Hebdo that satirized the founder of Islam, Muhammad, in a ridiculous manner, and was beheaded on the street by an Islamic extremist youth.

Following this, President Macron made statements targeting Muslims as a whole, such as closing some mosques and saying "enlightenment is necessary." This led to anti-French protests expanding among some Muslims in the Middle East and Asia. This was the background for Muslim Mr. A and others posting these leaflets in Korea.

Korean prosecutors indicted them on charges including threatening foreign envoys and threats. In court, they claimed they had no intention of retaliation or threats such as terrorism. Authorities obtained their mobile phones and analyzed six months of call records but found no other incriminating evidence. They had lived in Korea for three years without committing any crimes. Mr. A and others apologized to embassy staff and other victims.

The first trial sentenced them to six months in prison with a one-year probation. The court found them guilty of threats, stating, "The crime occurred when the whole world was trembling in fear due to the beheading incident in France, and embassy officials felt considerable fear." However, the court acquitted them of the more severe charge of threatening foreign envoys, stating, "It does not appear they intended to threaten the ambassador specifically."

The second trial showed leniency by suspending the imposition of a 3 million won fine each. A suspended sentence means postponing sentencing for a certain period for defendants with minor offenses, and if no specific incidents occur during that period, sentencing is waived. The court considered that Mr. A and others, as Muslims, primarily intended to express protest against President Macron's actions, and that the phrases used were similar to biblical verses or did not directly express "causing harm." The fact that they were detained for a long time in a detention center immediately after the incident was also taken into account.

On the 6th, the Supreme Court Division 2 (Presiding Justice Jo Jaeyeon) announced that it had upheld the ruling, stating, "The lower court did not err in its legal interpretation regarding the establishment of the crime of threatening foreign envoys, and the error did not affect the judgment."