The Supreme Court ruled that while it was unlawful for police to arrest a suspect in front of a police station when the suspect appeared voluntarily, the suspect's guilt is still recognized.
The Supreme Court's First Division (Presiding Justice Ma Yong-ju) said on the 7th that it finalized the lower court ruling that sentenced a person surnamed Yu, 46, who was indicted on charges including arranging prostitution, to prison on Feb. 2.
From August 2020 to January 2021, Yu rented four officetel units in Uijeongbu, Gyeonggi, hired female employees, and arranged prostitution.
Police investigating Yu on suspicion of arranging prostitution applied for an arrest warrant. The court issued an arrest warrant on Jan. 25, 2021, saying there was concern Yu would not comply with the investigative agency's summons without just cause.
In February that year, police called Yu multiple times to demand appearance. Yu agreed to appear voluntarily at the Gyeonggi Northern Police Agency at 3 p.m. on Feb. 19. However, three officers lay in wait and arrested Yu at 2:58 p.m. on Feb. 19 in front of the Korean National Police Agency while Yu was appearing voluntarily. They cited concerns about destruction of evidence and flight risk because Yu had twice been punished in the past for arranging prostitution and was on probation for violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes related to taxes.
The first trial sentenced Yu to six months in prison and a fine of 10 million won, and ordered the forfeiture of 17.6 million won. Yu appealed, arguing, "I appeared voluntarily at the Korean National Police Agency but was illegally arrested without being informed of the Miranda rights, and I confessed under threats and inducement during the investigation, so the collected evidence is unlawful."
The appellate court dismissed Yu's appeal. The appellate panel found the arrest of Yu, who was voluntarily appearing, to be lawful, saying, "In the long term, there appears to be a concern that failing to comply with appearance requests would hinder the investigation." It also found that officers informed Yu of the Miranda rights at the time of arrest and, after reviewing the recorded investigation video, determined there was no coercion or compulsion.
The Supreme Court, however, viewed Yu's arrest as unlawful. The Supreme Court said, "(Yu) reportedly arrived at the information desk in front of the main gate of the Gyeonggi Northern Police Agency at the promised time to appear voluntarily and was asking for the location of the responsible department," adding, "There was no particular word or deed suggesting a risk of destroying evidence or fleeing."
However, the Supreme Court said, "The illegality in executing the arrest warrant did not essentially infringe on the defendant's right to defense or right to counsel," and recognized the validity of the lower court's ruling. It then dismissed Yu's final appeal.