[Asia Economy Reporter Choi Seok-jin, Legal Affairs Specialist] On the 30th, Han Dong-hoon, Minister of Justice, expressed his position regarding the Supreme Court's acquittal of Jeong Jin-ung, a research fellow at the Legal Research and Training Institute, who was indicted for assaulting him and causing injury during a search and seizure operation. Han stated, "It is difficult to accept from the victim's perspective, but as it is the final ruling of the Supreme Court, I respect it."
Immediately after the Supreme Court's verdict was announced on the same day, Han released a statement in a personal capacity rather than as Minister of Justice, saying, "Although this ruling acknowledges the wrongful use of physical force, it denies the intent behind that use of force. This artificially separates the momentary use of force from the intent, which is hard to accept from the victim's standpoint. However, as it is the final ruling of the Supreme Court, I respect it."
He added, "However, unlike the first trial's guilty verdict, the appellate court, which also acquitted, pointed out that 'this does not mean the execution of duty at the time was justified, and there is a need for deep reflection on the shortcomings during the warrant execution process and the pain the victim had to endure.' Therefore, I believe that reflecting to ensure such mistakes are never repeated is the proper attitude of a public official."
The Supreme Court's First Division (Presiding Justice Park Jeong-hwa) on the afternoon of the same day dismissed the prosecution's appeal and upheld the appellate court's acquittal verdict in the final appeal hearing for Jeong, who was indicted on charges of official assault under the Act on the Aggravated Punishment of Specific Crimes.
The court stated, "The appellate court found it difficult to conclude beyond reasonable doubt that the defendant had the intent to commit official assault and that the victim sustained injury due to the defendant's actions. Therefore, it acquitted on both the principal and alternative charges. There is no error in the appellate court's judgment for failing to conduct necessary hearings, violating the rules of logic and experience, exceeding the limits of free evaluation of evidence, or misapplying the law concerning intent and injury in official assault under the Act on the Aggravated Punishment of Specific Crimes."
Jeong was non-detained indicted on charges of official assault causing injury under the Act on the Aggravated Punishment of Specific Crimes for allegedly assaulting and injuring Minister Han during the seizure of a newly purchased mobile phone’s SIM card at the Yongin branch of the Legal Research and Training Institute, where Han works, on July 29, 2020. At that time, Jeong was the head of the Criminal Division 1 at the Seoul Central District Prosecutors' Office, investigating the 'Channel A coercion attempt' case.
Earlier, the first trial court ruled that the prosecution failed to prove that Minister Han sustained injury, acquitting Jeong of official assault under the Act on the Aggravated Punishment of Specific Crimes. However, it found Jeong guilty of official assault under the Criminal Act, which does not require injury, sentencing him to four months in prison with a one-year probation and a one-year suspension of qualifications.
However, the appellate court judged that it was difficult to recognize Jeong's intent or conditional intent to commit official assault and acquitted him.
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