'Handonghun Assault' Prosecutor, 'Disabled Child Injury' Police Officer... Why Conflicting Verdicts on Official Violence?

Prosecutor General Han Dong-hoon (Minister of Justice nominee, left) and Jeong Jin-ung, Research Fellow at the Judicial Research and Training Institute [Image source=Yonhap News]

#1. Police officer A was brought to trial on charges of striking the forehead of a developmentally disabled 15-year-old male who was causing a disturbance during transport on March 13 last year, using a radio transmitter. The victim, who was bleeding from the forehead, was taken to a hospital for treatment. Both the first and second trials suspended sentencing for officer A, showing leniency.

#2. Police officer B was prosecuted for repeatedly hitting the chest of a suspect in his 60s, who was hospitalized in a hospital in Chungnam in 2017, with a sneaker while escorting him to the police station. The first trial sentenced him to four months in prison and one year of license suspension with a one-year probation, stating that "this raises doubts about the basic qualifications and character of a police officer, causes human rights violations, and damages public trust in law enforcement."

It has been revealed that courts have issued varying rulings ranging from leniency to imprisonment for 'abuse of authority causing assault' (Article 125 of the Criminal Act), where prosecutors or police officers abuse their authority during investigations to arrest, assault, or mistreat suspects.

One reason is the ambiguity of the phrase 'abuse of authority.' The Supreme Court judges abuse of authority as a public official unlawfully exercising matters within their general powers. Although it may appear as official duty execution externally, it applies if the act substantially exceeds 'legitimate' official authority. Various factors are considered together, including the purpose of the act, necessity and appropriateness in the situation, and whether the legal requirements for exercising authority were met.

If convicted of abuse of authority causing assault, the offender may face up to five years in prison and up to ten years of license suspension. Additionally, if the victim is injured, a heavier punishment may be imposed under the Act on the Aggravated Punishment of Specific Crimes rather than the Criminal Act.

Officer A caused injury to the victim but received a suspended sentence considering that he was hit twice in the face first and that he reached a settlement with the victim. In contrast, Officer B’s case considered that the victim did not forgive him and sought punishment, and that B strongly denied the crime, making it difficult to see remorse.

Meanwhile, Jeong Jin-ung, a research fellow at the Legal Research and Training Institute, who is accused of assaulting Prosecutor General Han Dong-hoon (Minister of Justice nominee), was sentenced in the first trial to four months in prison with a one-year probation and one year of license suspension. Jeong was brought to trial on charges of using considerable physical force, including pressing down on Prosecutor Han’s body, during the seizure and search of a mobile phone SIM card in July 2020 amid the so-called 'prosecutor-media collusion' investigation.

The first trial court stated, "The defendant assaulted under the subjective judgment that the victim was attempting to destroy evidence during the execution of the search warrant," and "there was at least minimal conditional intent to use physical force on the body, not merely an intention to seize the phone." However, since Prosecutor Han was not injured, the court applied the abuse of authority causing assault charge under the Criminal Act rather than the Act on the Aggravated Punishment of Specific Crimes.

Jeong appealed the first trial verdict. In his final statement at the appeal trial, Jeong said, "I am sorry and regretful for causing emotional harm to the victim," but added, "As the prosecutor executing the search, I had no choice but to act that way."

His appeal trial sentencing hearing is scheduled for the 28th.