Trial of 20 People in Seobu District Court Riot Case... "Denial of Forced Rear Gate Opening"

"Not an Assault on Police, but a Scuffle"
Defense Lawyers Challenge Prosecution's Indictment

In the trial concerning the disturbance at the Seoul Western District Court, the forced opening of the back gate by the defendants and the danger posed by the tools used to assault the police became key issues.

Yonhap News

The Criminal Division 11 of the Seoul Western District Court (Chief Judge Kim Woo-hyun) held a hearing on the 17th at 10 a.m. for 20 defendants charged with special trespassing of a building and obstruction of official duties.

They were indicted on charges of breaking into the Seoul Western District Court premises and assaulting police officers after an arrest warrant was issued for President Yoon Seok-yeol in the early hours of January 19. Some are accused of pushing police officers with shields or throwing hot packs and warning lights at them.

At the trial, two defendants denied all charges and claimed innocence, while the others either admitted all or some of the charges.

Defendant Lee and others admitted entering the court premises but argued that since they did not participate in forcibly opening the back gate, they should be charged with simple trespassing rather than special trespassing of a building.

Some defendants accused of using collective force to break into the court stated that the court door was already open and that they were pushed in after the collective force had ended, thus arguing that the special charges were unjust.

The defense lawyers pointed out that the prosecution uniformly included the forced opening of the back gate in the indictment even for those who did not forcibly open it.

In response, the court said, "Clarify the facts regarding which defendants forcibly opened the back gate and how they entered the premises, and review the indictment accordingly with the prosecution."

Yonhap News

Additionally, defendants accused of assaulting police officers denied intent or claimed that the tools used to assault the officers were not dangerous objects.

Defendant Lee’s lawyer, who is accused of picking up a police shield that had fallen on the ground and assaulting an officer, said, "He picked it up because if someone else stepped on the shield on the ground, it could be dangerous." He added, "He did not assault the police but only pushed during a scuffle. We ask the prosecution to clarify whether the shield can be considered a dangerous object."

Defendant Yang is accused of hitting a riot police officer’s arm twice with a warning light. Yang’s lawyer stated, "It is true that he hit twice with the warning light, but it was not intentional, and it is not a dangerous object."

There were also defendants who claimed to have fled to the 7th floor of the court after believing tear gas was fired, and a defendant who claimed to have entered up to the 5th floor as a YouTuber to inform the public about the situation on site.

After the trial, a hearing regarding the defendants’ bail requests continued. The defendants applied for bail citing reasons such as returning to their livelihoods and health concerns. The prosecution requested the court to reject the bail applications considering the seriousness of the case.

The court plans to hold a second hearing for these defendants on the 26th at 10 a.m. Considering the large number of defendants in the Western District Court disturbance case, the court is conducting the trials in separate sessions. On the 10th, a trial for 23 defendants was held.