Han Seo-hee reportedly had excessive actions towards the judge at the court.
Idol trainee Han Seo-hee (26, female), who was accused of taking drugs during her probation period, was sentenced to one year and six months in prison and arrested in court. Judge Lee In-soo of the Seongnam Branch Criminal Division 1 of the Suwon District Court held a sentence trial on Han, who was indicted on charges of violating Korea’s Drug Control Act on November 17th, and sentenced her to prison.
At the end of the trial, Judge Lee said, “We issue an arrest warrant on you for fear of escape. If you have anything you want to say, say it,” he said, providing Han with a chance to make her last remarks. Han Seo-hee suddenly began to overreact, putting her left hand on her waist. Han said, “I don’t think this is right. I’m not going to run away. I shouldn’t be arrested. Judge, what are you doing? Are you issuing an arrest warrant now? Did you say I didn’t attend the trial? There’s no reason for me to be sentenced to prison,” she protested.
Judge Lee explained calmly, “It’s not (Because of your absence). Please go (to the waiting room of the arrested defendant).” While the judge continued, “If you disagree (with the judgment), you can…,” Han cut off his words and said, “What did you really say? Excuse me! What am I guilty of? There’s nothing specified, so what am I guilty of?” she said in a strong tone. The judge called the court staff to guide Han to the waiting room of the arrested defendant, but Han entered the waiting room herself.
However, Han cursed, “F**k…,” which was heard by reporters sitting at the end of the court even though her voice was small. Han’s voice, who was making a fuss even in the waiting room of the arrested defendant, was so high that people in the court could hear her.
Judge Lee did not take warning or legal action on Han Seo-hee, but in general, strong protests accompanied by abusive language may be punished as “court insult.” Despite Han Seo-hee’s denial of her absence at previous courts, in fact, a total of six dates have been designated since the first trial of the case, of which two were postponed due to Han’s absence.
Han was indicted on charges of purchasing marijuana on a total of 4 times in 2016 and smoking marijuana 7 times in her home in Jung-gu, Seoul. She was then sentenced to 3 years in prison, suspended for 4 years, a fine of 870,000 won, probation for 4 years and 120 hours of drug treatment classes in 2017.
However, she was detained at the probation office for 20 days after a urine test of her at the probation office under the Ministry of Justice on July 7, 2020 tested positive for substances such as methamphetamine and amphetamine. Han argued that the urine test was wrong, and in fact, the hair test of the National Forensic Service tested negative, so the probation could remain the same.
The judge said, “Han denies the charges against the prosecution, claiming that the location and timing of her drug use was not specified. But after looking into it, there was no error in the prosecutor’s indictment.” She added, “Han rejected the result of the urine test, claiming that she accidentally drop the paper cup into the toilet and her positive result was due to the toilet water. However, the probation office staff has confirmed that they did not hear any sound of the paper cup and that they had received the paper cup right on the spot.”
She then continued, “The amount of amphetamine and methamphetamine result in Han’s test was more than 300 nanograms, according to the National Forensic Service. It’s hard to believe that the water supply contains that much amphetamine to affect Han’s test result.” Han was likely to be sentenced to prison in this case.
Han will be sentenced to acquittal or imprisonment as long as she committed a crime during the probation period, but the court did not accept Han’s claim. Eventually, she was sentenced to imprisonment under Article 63 of the Criminal Act and has to serve the sentence handed down to her in full.
Article 63 of the Criminal Act (Nullification of Suspension of Execution of Sentence) states, “When a person who was sentenced a suspension of execution of sentence is sentenced to an imprisonment without prison labor or a heavier punishment due to a crime committed deliberately during the period of the suspension, and if the judgement thereof becomes final, the sentence of suspension of execution of sentence shall be nullified.”
The prosecution requested a one-year prison sentence for Han at the decision-making trial on October 29. The maximum sentence Han would receive was expected to be 4 years in prison, including 3 years in prison and 4 years in probation. The court reversed the previous sentence of probation and sentenced Han to 1 year and 6 months in prison.