8 Out of 11 Defendants Receive Prison Sentences...
Court Maintains Strict Punishment Policy
10-Month Prison Term Imposed Even for Simple Assault Charges
As first-instance verdicts continue to be delivered for those involved in the riot at the Seoul Western District Court, it has been found that most defendants who have received their verdicts so far have been sentenced to prison terms. The court has imposed prison sentences without exception on those who directly entered the Western District Court. This is interpreted as the court viewing their actions as a challenge to the rule of law and responding with severe punishment.
Supporters of former President Yoon Seokyeol are holding a rally in front of the court during the Western District Court riot. Photo by Yonhap News
A total of 97 defendants are on trial in connection with the Western District Court riot. As of June 23, first-instance verdicts have been delivered for 11 of them, with 8 receiving prison sentences. The sentences handed down include 10 months in prison (2 people), 1 year in prison (3 people), 1 year and 6 months in prison (1 person), 2 years and 6 months in prison (1 person), and 3 years and 6 months in prison (1 person). Although most were first-time offenders, the court imposed heavy penalties within the Supreme Court's sentencing guidelines.
The heaviest sentence of 3 years and 6 months in prison was given to a man in his twenties, known as the "Green Jumper Man." He received a sentence close to the upper limit of the sentencing guidelines. Green Jumper Man was prosecuted for entering the court building during the riot, breaking the window of the duty office, destroying access control devices, and spraying a fire extinguisher at police officers.
It appears that the court determined the sentence by starting from the 2 years and 7 months set by the multiple-crime sentencing standard and then adding certain aggravating factors. When multiple crimes are committed simultaneously, the sentencing range is determined by starting from the upper limit for the most serious offense and adding portions of the sentencing ranges for the other crimes. For three or more crimes, the sentencing range is set by adding half of the upper limit of the second most serious offense to the upper limit of the most serious offense.
In the case of Green Jumper Man, the sentence for the charge of aggravated damage to public property was 1 year and 6 months. To this, 8 months (half of the 1 year and 6 months for aggravated obstruction of official duties) was added, along with other relevant sentencing considerations, resulting in an aggravated sentence.
An elderly man in his sixties, who was prosecuted for assault after hitting a journalist on the head with a bag and causing an injury requiring two weeks of recovery, was also sentenced to 10 months in prison. According to the sentencing guidelines, which take into account the type of crime and the degree of harm, the sentencing range for assault is 4 months to 1 year and 6 months in prison. It is rare for a simple assault to result in an actual prison sentence rather than a suspended sentence, so this is seen as an indication of the court's determination to impose strict punishment for the Western District Court riot.
In most of the verdicts, the court pointed out, "Physically attacking the court with collective force shakes the very foundation of democracy," and stated, "Illegally attacking the court simply because its decisions, such as the warrant issued for former President Yoon Seokyeol, differ from one's own views, cannot be tolerated."
After the riot at the Western District Court, the court windows and exterior walls were damaged. Photo by Yonhap News
On the other hand, those who did not directly enter the Western District Court received suspended sentences. For example, a person who headbutted a police officer demanding the dispersal of the rally in front of the main gate, and a man in his thirties who kicked a journalist and pulled a camera, were each sentenced to 1 year in prison, suspended for 2 years. Another participant who kicked a police officer in the shin and punched him in the face at the main gate was sentenced to 1 year and 6 months in prison, suspended for 3 years.
Since the majority of the 11 defendants sentenced for participating in the riot received prison terms, it is highly likely that the remaining 86 will also receive prison sentences. The court will deliver verdicts on June 24 and 25 for those who entered the court building. Trials for defendants who have admitted their crimes are proceeding quickly, while those who deny the charges are seeing their sentences aggravated. In some cases, defendants have changed their pleas after initially admitting guilt. Regarding this, the court stated, "Defendants are guaranteed the right to defense, but there are cases where this right is abused," and added, "The court will determine whether the defendant's actions constitute an abuse of the right to defense."
Shin Minyoung, an attorney at Hoam Law Firm, said, "Given that even those charged solely with assault are receiving prison sentences, it is clear the court is taking the Western District Court riot very seriously," and predicted, "Even if individuals submit petitions for leniency or show remorse, it will be difficult to avoid heavy sentences."
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