Assault Charges Subject to Non-Prosecution by Victim's Consent
If Victim Forgives, No Punishment
Lee Expresses Intent to Forgive in Similar Cases
What will be the judicial handling direction for the man in his 80s who was arrested by the police for throwing eggs at Lee Jae-myung, the leader of the Democratic Party of Korea, as he attended a trial on charges of violating election laws? Unfortunately, whether he will be punished seems to depend on Lee's willingness to show leniency.
On the 31st, the Seocho Police Station in Seoul announced that they are investigating Mr. A, who was arrested on the spot near the entrance of the Seoul Central District Court. Mr. A is accused of assault for throwing eggs at Lee, who was attending a trial on charges of violating the Public Official Election Act at around 10:30 a.m. that day. It is known that the eggs thrown by Mr. A fell to the ground without reaching Lee due to the distance.
It was reported that Mr. A had prepared five eggs with the intention of throwing them at Lee. The remaining three eggs were not thrown due to intervention by police officers and court staff present at the scene. The police plan to investigate the detailed circumstances of the incident, including the motive, and then decide on the direction of handling Mr. A’s case, such as applying for an arrest warrant.
Lee Jae-myung, leader of the Democratic Party of Korea, who is accused of spreading false information under the Public Official Election Act, is attending a trial held at the Seoul Central District Court in Seocho-gu, Seoul on the 31st. Photo by Kang Jin-hyung aymsdream@
The assault charge applied to Mr. A falls under Article 260 of the Criminal Act, which stipulates imprisonment for up to two years or a fine of up to 5 million won. However, a proviso clause prevents prosecution against the explicit wishes of the victim. This means it is a quasi-offense that cannot be prosecuted if the victim does not wish to press charges.
Lee has not yet expressed any intention to forgo punishment. A police official stated, "We have not received any indication from Lee’s side regarding leniency or a request not to prosecute." If Lee later submits a statement expressing that he does not wish to pursue punishment, Mr. A’s case will be closed with a "lack of prosecution rights."
Lee experienced a similar incident when he ran in the by-election for the National Assembly in Gyeyang-eul, Incheon, in May last year. While campaigning on the street in Gyesan-dong, Gyeyang-gu, a metal bowl was thrown at him. Although Lee expressed his intention to show leniency, Mr. B, who threw the bowl, was arrested and brought to trial. This is because Mr. B was charged not with assault under the Criminal Act but with election interference under the Public Official Election Act. Mr. B was sentenced to a suspended prison term in the first trial on December 1 last year, appealed the verdict, and is currently undergoing a second trial.
Earlier, in December 2021, Lee was pelted with eggs by local residents during a visit to a chamoe (Korean melon) farm in Seongju, Gyeongbuk. The perpetrator was arrested on the spot by the police and investigated, but was released the next day after Lee requested leniency. The case was also closed with a "lack of prosecution rights."
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