Korean Law Demystified!

Helped Illegal Migrants Escape and Injured an Officer, Yet Avoided Prison: Why the Court Chose a Suspended Sentence

🔍 Case at a Glance

Who

– A 66-year-old factory official (identified as “A”)

– A 34-year-old immigration enforcement officer (identified as “B”)


What Happened

Immigration officers conducted a raid after receiving a report that multiple undocumented migrants were working at a factory in Namyangju.

As Officer B attempted to stop an undocumented worker escaping via a ladder, A physically intervened.

A grabbed the officer’s left hand and bent his fingers backward.


Injuries

Officer B suffered injuries requiring three weeks of medical treatment.


Outcome of the Incident

Due to the obstruction, some undocumented migrants successfully escaped the scene.





⚖️ Criminal Charges

– Infliction of Bodily Injury

– Obstruction of official duties (assaulting a public officer during enforcement)





🏛️ Court Ruling

Court: Uijeongbu District Court, Namyangju Branch

Sentence:

6 months in prison

(Suspended for 2 years)





🧠 Why a Suspended Sentence?

The court acknowledged that the offense was serious, emphasizing:

The defendant’s actions directly enabled undocumented migrants to flee.

The obstruction of immigration enforcement was not minor.


However, the judge reduced the punishment after considering:

The defendant admitted the crime.

He showed clear remorse.

He reached a settlement with the injured officer.

No indication of high risk of repeat offending.





🎯 Key Takeaway

> Even when a defendant physically injures a public officer and disrupts immigration enforcement, Korean courts may still opt for a suspended sentence if remorse, admission of guilt, and victim compensation are convincingly demonstrated.

Article: https://m.sidae.com/article/2026020714461594516

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