A man in his 70s who caused a disturbance at Government Complex Seoul, saying things like "I have money to receive from the prime minister," will face trial again. Because of his advanced age he needed a lawyer, but the trial proceeded without one.
On the 30th, according to legal sources, the Supreme Court's Second Division (Presiding Justice Park Young-jae) overturned the lower court ruling that gave A, 71, a suspended prison sentence on a charge of obstructing official duties and sent the case back to the Seoul Central District Court.
On June 26 last year, A shouted and caused a disturbance at the civil service center of Government Complex Seoul in Jongno District, Seoul, saying in effect, "I need to meet the prime minister, the social deputy prime minister, and the chair of the Financial Services Commission (FSC). I have money to receive from them." When a government security guard tried to stop A, A shouted, "You're a totally bad X," and also shoved the guard.
The first trial sentenced A to eight months in prison, suspended for two years. The first-instance court said, "The defendant has several prior convictions of the same type. The intent to disdain public authority appears serious."
The appeals court dismissed A's appeal. During the proceedings, A argued that when the government security guard squeezed into a narrow space and came in close contact, A pushed the guard away only because it felt like sexual harassment might occur. The appellate court found, "There was open space behind the defendant, so if any threat had been felt, the defendant could have stepped back at any time, but instead moved closer and continued to protest."
The Supreme Court vacated and remanded the case. The court noted, "The defendant was born in 1955 and was over 70 at the time the first-instance trial was conducted," adding, "Under the Criminal Procedure Act, a hearing cannot be opened without counsel, yet the first-instance court proceeded without appointing public counsel."
The Criminal Procedure Act requires the court to appoint counsel ex officio if the defendant has no lawyer when the defendant is a minor or 70 or older, has disabilities in both hearing and speech, or is suspected of having a mental or physical disorder.
In this case, public counsel was appointed at the appellate stage, but not at first instance. The Supreme Court said, "The lower court should have vacated the unlawful first-instance judgment and rendered a new one."
