Second Trial: "The Purpose Was Only to Secure the Mobile Phone, No Implied Intent of Official Violence"
Jung Jin-ung "Grateful That Misunderstandings by the Prosecution and First Trial Court Were Corrected"
Jung Jin-woong, Research Fellow at the Judicial Research and Training Institute (left), and Han Dong-hoon, Minister of Justice [Image source=Yonhap News]
[Asia Economy Reporter Kim Daehyun] Jeong Jin-ung, a research fellow (deputy chief prosecutor) at the Legal Research and Training Institute who was found guilty in the first trial for assaulting Minister of Justice Han Dong-hoon while securing a mobile phone SIM card during a search and seizure, was acquitted in the appellate court.
On the 21st at 2 p.m., the Criminal Division 2 of the Seoul High Court (Presiding Judges Lee Won-beom, Han Gi-soo, Nam Woo-hyun) overturned the first trial verdict and acquitted Research Fellow Jeong in the appeal trial.
On that day, the court stated, "Based solely on the evidence submitted by the prosecution, it is difficult to conclude that the defendant recognized the possibility of causing physical force to the victim or had the intention to exert such force," and unlike the first trial, did not acknowledge Jeong’s conditional intent.
The court explained, "The seizure target of the warrant in this case was the SIM card newly acquired and used by the victim, and all related backup files including KakaoTalk, Telegram conversations, text messages, and attachments," adding, "Contrary to the expectation that the lock would be unlocked by facial recognition, when the victim appeared to attempt entering a password, the defendant approached saying 'You shouldn’t do that,' thinking the victim was trying to delete related data."
Furthermore, "The victim stretched out the hand holding the phone in the opposite direction, and the defendant also leaned and reached out," the court said, "The defendant and the victim (who was sitting on the sofa) slipped and fell to the floor, their bodies overlapped, and they were separated immediately after the defendant secured the phone." It was deemed reasonable to view that Research Fellow Jeong’s sole purpose was to secure the phone for executing the search warrant.
However, the court added, "Although the prosecution’s evidence is insufficient to prove intent for official assault, this does not mean that the execution of official duties at that time was justified," and "Even if the defendant returns to duty, it is necessary to deeply reflect and seriously contemplate the shortcomings in behavior during the warrant execution process and the pain the victim had to endure."
When asked about his feelings by reporters, Research Fellow Jeong said, "I am grateful that the appellate court corrected the misunderstandings held by the prosecution and the first trial court."
The prosecution had requested a one-year prison sentence in the appeal trial, asking for recognition of the crime of official assault causing injury, but this was not accepted. The prosecution stated, "We will decide whether to appeal after reviewing the judgment."
Previously, on July 29, 2020, while serving as chief prosecutor of the Criminal Division 1 at the Seoul Central District Prosecutors’ Office, Research Fellow Jeong was indicted on charges including official assault against Minister Han, who was suspected of being involved in the so-called 'Channel A incident,' during a search and seizure. Official assault refers to a prosecutor or police officer abusing authority during an investigation to arrest, assault, or inflict harsh treatment on a suspect.
In footage played during the trial shortly after the incident, Minister Han shouted, "(You) didn’t show (the phone)!" and Research Fellow Jeong responded, "I asked to check it, but it wasn’t given. What if they open it and manipulate it?" When Minister Han claimed, "Didn’t you say you would call your lawyer? To call, you have to unlock (the screen with your hand)," Jeong pointed out, "You usually use Face ID (facial recognition lock), don’t you?"
The first trial sentenced Research Fellow Jeong to four months in prison with a one-year probation and a one-year suspension of qualifications. 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 conditional intent to exert physical force on the body, not just the intention to take the phone."
However, the first trial court judged that Minister Han did not suffer injury from the official assault by Jeong and applied the general official assault charge rather than the aggravated official assault under the Act on the Aggravated Punishment of Specific Crimes.
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