In South Korea, acquitted US student cannot leave due to prosecution appeal
In South Korea, a US exchange student whom a Seoul court acquitted because of his mental state during an incident cannot return to the United States after the prosecution filed an appeal. As The Korea Herald reports, the student’s representatives say this is delaying his psychiatric treatment in the US.
The incident and the court’s decision
The student, who is around 20 years old, studied at Jeonbuk National University on a D-2-6 visa. On June 22, the day before his planned return home, he was in Seoul and, according to the outlet, showed symptoms of an acute mental disorder late in the evening.
He was charged with attempted trespassing into a building, theft and property damage. According to the prosecution, he tried to enter a dental clinic, took items delivered to the building worth 102,400 won, and damaged the building manager’s glasses worth 130,000 won. The total damage was estimated at 232,400 won. The prosecution requested a two-month prison sentence.
The court issued a detention warrant, citing a risk that he could leave the country. His family said they had not received notification from South Korean authorities about the student’s detention. When he did not arrive in the United States on the planned date, his relatives filed a missing-person report with South Korean police and then learned where he was. By that time, the student had been in custody for about a month, after which he was released on bail.
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In August, the Seoul Central District Court acquitted the American. The court concluded that, because of an acute mental disorder during the incident, he could not be held criminally responsible for his actions. No separate psychiatric assessment was conducted: the court considered the defendant’s behavior in court, the evidence, and his medical and family history. Before the verdict, the student reached an agreement with one of the two victims and paid compensation for the other through a criminal deposit.
Appeal and visa status
The prosecution appealed the acquittal. The student’s lawyer, Yoon Yeo-hyeon, explained that his client cannot return to the United States while the appeal is being considered. The student’s father told The Korea Herald that his son remains in South Korea not because of a conviction, but because of the appeal against the acquittal.
According to the lawyer, the student’s visa expired while he was in custody, but he and his family did not learn about this in time. After being released on bail, the student was unable to extend his stay and received a fine. The family also said he needs urgent psychiatric treatment in the United States; his father traveled to South Korea and stopped working to care for his son.
The lawyer noted that foreigners may be detained more often even in cases involving minor offenses because they lack permanent residence and are considered a flight risk. In his view, in some cases, an admission of guilt, a suspended sentence and subsequent deportation proceedings may allow a foreign defendant to leave the country faster than an appeal of an acquittal.
