Trial on alleged assault of immigration officers: guilty on only some charges

Who this helps

This may help people curious about how a criminal case over alleged assault on immigration officers carrying out their duties was decided.

Case overview

Case number

2015고합44

Court

Cheongju District Court

Posted on original board

Sep 18, 2016 (Sun)

Topic

Criminal Cases

Original title (Korean)

공무집행중인 출입국관리공무원 특수공무집행방해치상…

The defendants were suspected of using the force of numbers to assault and injure immigration officers who were performing their official duties. They were indicted for injury resulting from special obstruction of official duties, special obstruction of official duties, and violation of the Immigration Act.

If an official's enforcement action was unlawful, is resisting it not punished?

The defendants were accused of using collective force to assault and injure immigration officers who were performing their duties. They were charged with special obstruction of official duties resulting in injury, special obstruction of official duties, and violating the Immigration Act. The court found that the officers' enforcement action was unlawful. It viewed the defendants' resistance as self-defense. So only the Immigration Act violation was found guilty.

How the court ruled

The court found the defendants guilty only of the Immigration Act violation. On injury resulting from special obstruction of official duties and the related charges, the court found that the officers' execution of their duties was unlawful and that the defendants' actions against it were self-defense, and acquitted them.

What to check in a similar situation

At immigration and foreigner offices or the courts, one can check whether the procedure of an official action was lawful and how actions resisting it were assessed.

• Find support centers
• Emergency phone numbers
• Contacts: Korea Legal Aid Corporation 132

Terms explained

Special obstruction of official duties resulting in injury

This is a charge of obstructing official duties together with others by force and injuring an official. The defendants were acquitted of it in this case.

Self-defense

This means acting to protect oneself against an unlawful attack. In this case the court viewed the resisting acts as self-defense.

Violation of the Immigration Act

This is a charge of breaking the Immigration Act. It was the only part found guilty in this case.

More rulings on this topic

• Ruling sentencing a defendant to 1 year in prison for illegal entry, illegal stay and aiding another person's illegal entry · Busan District Court
• Students' submission of bank balance certificate found to be an application by improper means · Seoul Eastern District Court
• Court upholds departure order for foreign national fined for drunk driving · Daegu District Court

See all 28 rulings on Criminal Cases →

Frequently asked questions

Who was tried, and for what?

The defendants were prosecuted on charges of using collective force to assault and injure immigration officers who were carrying out their duties.

How did the court rule?

It found guilt only for the Immigration Act violation. It acquitted on the special obstruction charges, finding the official action unlawful and the resistance to be self-defense.

Does this result apply as-is to similar cases?

No. This is the ruling for that particular case and does not apply as-is to other cases.