"Claimed Self-Defense" Rejected
Chuncheon District Court Sentences 6 Months Imprisonment with 2 Years Probation
A husband who was prosecuted for assaulting a police officer who accompanied his wife, who fled barefoot from home to escape domestic violence in the dead of winter and was helping her pack her belongings, was sentenced to imprisonment again in the second trial following the first trial.
The Chuncheon District Court Criminal Division 2 (Chief Judge Kim Seong-rae) sentenced A (41), who was charged with obstruction of official duties, to six months in prison with a two-year probation, the same as the original sentence, according to Yonhap News on the 15th. The court also ordered A to perform 120 hours of community service.
In December 2022, at night, A assaulted his wife B at their home in Chuncheon, Gangwon Province. After fleeing outside and reporting the domestic violence, he returned to the house and approached B, who was packing her belongings. When police officers who had been dispatched after receiving the report intervened, A became angry and assaulted the officers by pushing and shaking their chests. At the time, B reported to 112, saying, "My husband hit me," and "He pushed and hit me with his fist." When she made the report, B had fled outside barefoot in her pajamas and was wearing slippers provided by a nearby convenience store owner.
The police informed B about the Women's Emergency Protection Center, but B said she wanted to go to a relative's house and requested the police to accompany her to pack her belongings at home. The police went with B to her residence and informed A of their affiliation, rank, and name, notifying him that B would be packing her belongings to leave. However, A pushed the police officers to prevent them from entering the house. He also tried to approach B, who was packing inside, and when the police blocked him, he used violence by pushing the officers' sides and chests.
The first trial court ruled, "The actions of the police officers were lawful official duties," and stated, "Since there was suspicion of domestic violence and a significant risk of further violence, the police needed to separate the agitated defendant and his wife," and found A guilty. Dissatisfied with the verdict, A appealed.
During the appeal trial, A claimed, "I did not push the police officers or use physical force," and "Even if some physical force was used, it was self-defense against an unlawful arrest that did not meet the requirements for a citizen's arrest." However, the appellate court did not accept this. The court judged A guilty based on facts such as the police responding to B's report that she had been hit by her husband and fled barefoot, and B's strong request to be accompanied to her home to pack her belongings and phone.
Furthermore, even though the police officers identified themselves and notified that B would be packing her belongings to leave before entering the house, A became agitated, pushed the officers away, threw objects, and shouted. Considering that the police informed A of his rights under the Miranda warning and arrested him, the court concluded that the police officers' actions were lawful official duties. The appellate court explained the reason for maintaining the sentence, stating, "There are no new facts or changes in circumstances that would justify overturning the original sentencing decision."
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