"Feels like I'll kill my girlfriend" false 112 report? 1st trial not guilty, 2nd trial guilty [Seocho-dong Legal Story]

At 5 p.m. on January 22, 2021, a 112 emergency call predicting a murder was received at a police box in Gwanak-gu, Seoul. Mr. A (58) called the police and directly revealed his plan to commit a crime against his girlfriend, Ms. B. He said, "I'm coming to kill her now, I just can't stand it. There will be an incident in this neighborhood."

On the day of the incident, Mr. A spoke with police officers on duty three times, and when asked about his location and personal information, he replied, "I don't want to say any more. I will kill her today," before hanging up the phone.

[Image source=Yonhap News]

Since Ms. B had reported being assaulted by Mr. A on the 6th of the same month, the police judged that Ms. B was in danger. Ten officers, including six from the police box and five from the police station's violent crimes unit, were deployed. The officers were dispatched near Ms. B's residence and around the location of Mr. A's mobile phone signal, and after about 2 hours and 40 minutes of searching and inquiries, they found Mr. A.

Mr. A was drinking alone at a traditional market bar in Gwanak-gu. When questioned by the police, he said, "I was angry, but I had no intention to kill."

The prosecution charged him with 'obstruction of official duties by deception' under the Criminal Act. This charge is typically applied when a false report or prank call interferes with the execution of official duties. The prosecution believed that Mr. A only intended to continue drinking and had no actual plan to find Ms. B.

However, the first trial court acquitted him. The reason was the lack of evidence proving that Mr. A had 'absolutely' no intention to commit a crime against Ms. B or that the report itself was 'false.' The first trial court stated, "The defendant said during police questioning that 'I must have lost my mind' and 'There must have been times when I was so angry that I wanted to kill someone.' Also, an assault case against Ms. B was reported 16 days before this incident," explaining the basis for the acquittal.

The prosecution appealed the first trial verdict. The 8-3 Criminal Appeal Division of the Seoul Central District Court, presided over by Judge Kim Jin-young, recently overturned the first trial's acquittal and sentenced Mr. A to a fine of 1.5 million won. The court judged that Mr. A's report was indeed false.

The court stated, "In the third call with the officer on duty, the defendant said, 'Sorry for bothering you,'" and "The defendant did not know Ms. B's location at the time. There is no evidence that he tried to find out her location. After the report, he just continued drinking at the bar," adding, "The expression 'I will kill her' appears to be exaggerated and does not seem to have been used with the intention to actually commit a crime against Ms. B."

The court also pointed out, "A considerable number of police officers were deployed to handle the incident, and the police conducted searches and inquiries around the scene, taking response measures that would not have been taken if they had known it was a false report," and "Because of the defendant's false report, police resources that should protect the lives, bodies, and safety of the public were wasted. This can result in citizens who actually need help not receiving it in time, so strict punishment is necessary."