Police Officer Misidentified as Using a Weapon and Subdued, Responded with Force... Court Rules "Self-Defense"

"Response to Unexpected Excessive Restraint"

[Asia Economy Reporter Oh Gyumin] A complainant who was subdued by the police on the suspicion of carrying a weapon but who did not actually possess any weapon and resisted the police was acquitted.

The Seoul Southern District Court Criminal Division 6 (Presiding Judge Oh Sangyong) announced on the 3rd that it had acquitted Mr. Lee (56), who was indicted on charges of obstruction of official duties and injury.

The court stated, “Since there are cases where public officials are actually exposed to danger, it is difficult to conclude that the police officer’s act of preemptively removing the danger was illegal,” but acknowledged that there was excessive restraint against Mr. Lee.

Furthermore, considering that many police officers were working nearby and that Mr. Lee was holding an umbrella and a plastic bag in one hand, making it difficult to immediately take out a dangerous object from the bag, the court said, “It is difficult to recognize the situation as urgent as testified by the victim police officer.”

The court also acknowledged that the victim police officer was injured by Mr. Lee but stated, “At the moment the defendant reached for the plastic bag, the police officer used force to push the defendant several meters into the civil service office, thinking that the defendant might take out a weapon from the bag. In the process, the defendant was startled and flustered and tried to remove the arm held by the police officer, swinging his arm, which appears to have caused the injury to the police officer.”

Finally, the court explained the verdict, saying, “Although the violent act by the defendant in response to the police officer’s actions was highly inappropriate, it occurred in the process of responding to unexpected excessive restraint. It cannot be seen that there was intent to obstruct official duties or to cause injury, and it falls under self-defense or justifiable act, thus negating illegality.”

Mr. Lee was brought to trial on charges of assaulting a police officer and causing injury during the process of being subdued by the police at the civil service office on the first floor of a police station in Seoul last October.

According to the court, at the time, Mr. Lee visited the police station demanding a meeting with the chief and did not answer the police officer’s question about the purpose of the meeting request, instead pointing his finger and using abusive language.

He was holding an umbrella and a white plastic bag while talking with the police officer. When Mr. Lee tried to move the plastic bag with his empty hand, the police officer thought he was drawing a weapon and pushed him away. At that time, Mr. Lee had not been asked to check or open the contents of the plastic bag upon entering the police station.

Mr. Lee and the police officer struggled physically until three other police officers arrived at the scene one minute later and fully subdued Mr. Lee. He was then arrested on the spot for obstruction of official duties.