The Supreme Court of Korea recently confirmed a lower court’s acquittal of a 30-year-old man, identified as A, who was charged with obstructing police officers in their special official duties with a metal pipe during a police entry into his home. The case began when his girlfriend, B, threatened to report him for sexual assault if he didn’t lend her money, and later made a report of being sexually assaulted by him. Although A was initially charged with both assault and obstruction, all sexual assault charges were dismissed from the first trial, considering B’s inconsistent statements and her attempt to extort money from A.
The judicial decision focused on whether A’s actions of threatening the officers constituted an obstruction of police duties and whether the police entry met the legal requirements set out in the Police Officers’ Duties Execution Act. This Act allows for police intervention in cases where there is an immediate risk to life, health, or property, such as when a person is attempting suicide or acting under a mental disorder without a guardian.
Ultimately, the higher courts ruled that the situation did not meet these emergency criteria, especially noting that police only gained entry after A did not respond for a few minutes, and that there was no ongoing threat once inside. The Supreme Court upheld the decision that police actions were unjustified under the circumstances, leading to A’s acquittal on the charges of obstructing police officers in their duties.