"A person who lived helping others..." Court shows leniency to social worker involved in 'self-harm disturbance' at district office
[Asia Economy Reporter Kim Daehyun] A woman in her 50s who caused a ‘self-harm disturbance’ after claiming that the district office would not listen to her complaints was given leniency by the court. Consideration was given to the fact that she has lived diligently by obtaining various welfare-related certifications and volunteering for others despite severe hearing impairment.
According to the legal community on the 20th, Judge Lim Gwang-ho of the Seoul Central District Court Criminal Division 20 recently gave Lee (58), who was indicted on charges of obstructing a special public official in the execution of duty, a suspended sentence with a fine of 5 million won. A suspended sentence means that for defendants with minor offenses, the sentencing is postponed for a certain period, and if no specific incidents occur during that time, the sentence is waived. At the previous sentencing hearing, the prosecution demanded a six-month prison term for Lee.
The court stated, "It is certainly blameworthy to have taken a dangerous action by drawing a knife at the district office," but also said, "Considering that the defendant is a first-time offender and shows sincere remorse, as well as all sentencing factors including age, character, environment, social ties, and circumstances after the crime, the sentence is determined." In particular, the court paid attention to the fact that Lee, who has severe hearing impairment, obtained certifications such as caregiver, social worker, family psychological counselor, and funeral director, and has often participated in volunteer activities, living diligently.
On November 13 last year, Lee was brought to trial on charges of threatening by drawing a utility knife hidden in her coat and swinging it around, and attempting self-harm by stabbing her own abdomen in frustration after a public official at the architecture department of a district office in Seoul did not meet her demands. It was investigated that she requested the removal of the designation of ‘illegal facility’ recorded on the building register of a property she owned.
Article 136(1) of the current Criminal Act (Obstruction of Official Duties) stipulates that "Anyone who assaults or threatens a public official executing their duties shall be punished by imprisonment for up to five years or a fine of up to 10 million won." Additionally, Article 144(1) (Special Obstruction of Official Duties) states that "If the crime of obstructing official duties is committed by showing the power of a group or multiple people or by carrying a dangerous object, the sentence shall be increased by up to half."
In court, Lee admitted to drawing the knife and attempting self-harm. She tearfully said, "I was wrong. I didn’t know this was a crime," and "I was so overwhelmed that I stabbed my own abdomen." In response, the court pointed out, "The claim that you didn’t know carrying a knife was a crime is hard to understand," "It can be inferred that you were in a difficult situation, but how can someone with a job helping others do such a thing?" and said, "Someone who lived helping others..."
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Meanwhile, the court acquitted Lee of the charge of threatening by swinging the knife toward others. The court added, "The defendant did not engage in aggressive or threatening behavior toward others besides attempting self-harm," and "Based on the evidence submitted by the prosecution alone, there is no sufficient evidence to recognize that she swung the knife toward others."
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