‘Baehyeonjin Assault’ Middle School Student Claims Unintentional Crime... Not Subject to Juvenile Law

Criminal Liability Possible for Those Born in 2009

The middle school student who attacked Bae Hyun-jin, a member of the People Power Party, is confirmed to have claimed that he is not a juvenile offender and that the crime was committed impulsively.

On the afternoon of the 25th, a CCTV captured the scene of Baek Hyun-jin, a member of the People Power Party, being attacked in a building in Sinsa-dong, Gangnam-gu, Seoul. [Image source=Yonhap News]

According to the police on the 26th, the Gangnam Police Station in Seoul is investigating A (15 years old) under the presence of a guardian, examining voluntarily submitted cellphone messages, social network service (SNS) content, and his actions before the crime. During the police investigation, A reportedly claimed that he went out two hours before the incident, met Assemblywoman Bae, and committed the crime impulsively. He also stated that he had recently been receiving treatment for depression and was awaiting hospitalization. It is known that he testified that the stone used in the crime was something he usually carried with him.

A was born in 2009 and is not classified as a criminal minor under 14 years old (juvenile offender exempt from prosecution), so criminal punishment is possible. According to the Juvenile Act, cases involving minors under 19 years old are heard by the family court or the juvenile division of the district court with jurisdiction. Depending on the motive and nature of the crime, if criminal disposition is necessary, the case can be sent to the prosecution.

Assemblywoman Bae was attacked multiple times on the head with a stone by A at the entrance of a building in Sinsa-dong, Gangnam-gu, Seoul, around 5:18 p.m. the previous day, collapsing while bleeding from her head. The police arrested A at the scene on charges of special assault and took him into custody. After investigating A in the presence of a guardian, the police arranged for emergency hospitalization.

Emergency hospitalization is a system that allows a person suspected of having a mental illness to be hospitalized in a psychiatric medical institution for up to three days if there is an urgent risk of self-harm or harm to others. A police official said, "Considering that the suspect is a minor and his current health condition," and added, "We plan to conduct a thorough investigation, including closely examining the motive for the crime."

Assemblywoman Bae was transferred to Soonchunhyang University Seoul Hospital for emergency treatment and is currently being monitored after admission. The police are expected to visit Soonchunhyang University Hospital to interview Assemblywoman Bae to obtain her victim statement. Although they initially visited the hospital the previous day, the investigation was postponed due to her poor physical condition.