Police officers remove obstacles blocking the entrance to the handball arena at Olympic Park in Songpa-gu, Seoul, on Sept. 8. [Herald DB]
Police officers remove obstacles blocking the entrance to the handball arena at Olympic Park in Songpa-gu, Seoul, on Sept. 8. [Herald DB]

Three men in their 20s and 30s who followed and taunted a police officer at a rally at Jamsil Olympic Park in Seoul last June were sentenced to prison in a first-instance ruling.

Judge Lee Jun-gu of the Seoul Eastern District Court's Criminal Division 7 sentenced Park, 35, and two men surnamed Kim, aged 23 and 24, to six months in prison each on charges of obstructing a public official in the performance of duties by force.

Park had been in detention throughout the trial, while the other two had remained free. Both were taken into custody in the courtroom following Tuesday's sentencing.

The three are accused of following a police officer at the protest site, shouting that he was a "fake cop," and surrounding him alongside other participants in a threatening manner.

"No one can deny that freedom of assembly and demonstration must be guaranteed to the fullest extent in a democratic society," Judge Lee said, "but that freedom must be exercised lawfully and peacefully, and must be balanced against other protected interests."

He added that obstructing the lawful exercise of public authority — and threatening the physical safety of civil servants — was a crime that warranted strict punishment.

At a hearing on Sept. 1, prosecutors sought one-year prison terms, arguing that the defendants' culpability was not light and that the victim had not forgiven them.

The court found all charges proven. Regarding the 24-year-old Kim, who denied conspiring with the other defendants and claimed he had no criminal intent, the court found that the officer had been wearing a full uniform with equipment sufficient to confirm his identity as a police officer.

"The victim was wearing a duty uniform, a duty cap and a vest with a name tag, and was holding a radio," Judge Lee said. "He had also told the defendant his unit, rank and name. The defendant knew, or should have known, that the victim was a police officer."

The judge further noted that even if the defendant had genuinely suspected the officer of impersonating police, he could have called 112 to verify — but took no such steps. "He proceeded to commit the offense based on vague suspicion and conjecture, yet denied the charges and showed no remorse," the judge said.

The defendants had deposited 15 million won ($11,000), 10 million won and 10 million won respectively with the court for the victim, but the officer reportedly refused to accept the deposits.

Judge Lee said the victim appeared to have suffered considerable fear and psychological distress and was still petitioning for severe punishment, making a commensurate sentence unavoidable. He noted in mitigation that Park had no prior convictions for similar offenses and that the two Kim defendants had no criminal record at all.


bbo@heraldcorp.com