'Seoul Station Random Assault' 30s Male, Arrest Warrant Rejected... "Emergency Arrest Illegal"

Lee, who assaulted a woman he had never seen before at Seoul Station and fled, is leaving the court after attending a warrant hearing at the Seoul Central District Court in Seocho-gu, Seoul, on the afternoon of the 4th. Lee is accused of hitting the left cheekbone area of a woman in her 30s, whom he did not know, on the first floor of the Airport Railroad Seoul Station on the 26th of last month, causing injury and fleeing the scene.
[Image source=Yonhap News]

[Asia Economy Reporter Donghoon Jeong] The court dismissed the detention warrant request for a man in his 30s who indiscriminately assaulted a passing woman at Seoul Station.

On the 4th, Kim Donghyun, the chief judge in charge of warrants at the Seoul Central District Court, held a pre-arrest suspect hearing (warrant substantive examination) for Lee, a man in his 30s accused of assault (injury) for attacking a woman in her 30s whom he did not know at Seoul Station, causing a depression in her left cheekbone. After the hearing, the court dismissed the detention warrant requested by the prosecution.

Judge Kim stated, "In this case, there was no time to obtain an arrest warrant for the suspect, so it is difficult to consider that the suspect was forcibly entered into his residence immediately, arrested urgently, and a search was conducted." He added, "An urgent arrest without a warrant that does not meet the requirements constitutes an illegal arrest." He further said, "Since the urgent arrest was illegal, it is difficult to accept the detention warrant request in this case." Judge Kim concluded that the urgent arrest of this man in his 30s did not meet the necessary conditions.

According to the Criminal Procedure Act, the urgent arrest system stipulates that "if there is a substantial suspicion that a person has committed a crime punishable by imprisonment for three years or more, and there is a risk of evidence destruction, escape, or flight, and it is urgent so that a warrant cannot be obtained from a judge, the suspect may be arrested without a warrant."

On the 26th of last month, at around 1:50 p.m., Lee struck the face of a passing woman in her 30s on the first floor of the Airport Railroad Seoul Station, causing injuries including a depression in her left cheekbone, and then fled. Since there was no closed-circuit television (CCTV) installed at the crime scene, the railroad police had difficulties in the investigation. However, after a joint investigation with the police, Lee was arrested at his home in Sangdo-dong, Dongjak-gu, Seoul, at around 7 p.m. on the 2nd.

Judge Kim referred to Article 12, Paragraphs 1 and 3 of the Constitution, stating, "All citizens have the freedom of their body, and when arrest, detention, seizure, or search is conducted, a warrant issued by a judge must be presented according to due process of law." He added, "An urgent arrest that does not meet the requirements is an illegal arrest without legal grounds and without a warrant."

He explained, "In this case, the suspect is accused of injuring the victim, and the investigative agency identified the suspect’s name, residence, and phone number through nearby CCTV footage and neighborhood inquiries. They went to the suspect’s residence, rang the doorbell, knocked on the door, and called the suspect’s phone. When the suspect showed no response, they forcibly opened the entrance door, entered the residence, and urgently arrested the suspect who was sleeping on the bed."

He noted that since the investigative agency had identified the suspect’s identity, residence, and phone number, and the suspect was sleeping at home without any situation suggesting escape or evidence destruction, this was not a case warranting an urgent arrest without a detention warrant.

Judge Kim stated, "Even if a person is a criminal suspect, the peace of their residence cannot be violated without constitutional and legal grounds."

This content was produced with the assistance of AI translation services.