Perpetrator Files Lawsuit Over “Violated Rights” After Breaking Into Top Actress’ House
It has been reported that the man who broke into the home of actress Nana, a former member of After School, claimed that he had not been informed of his Miranda rights and expressed resentment over what he believes is an unjust detention.
According to Yonhap News on November 24, the Guri Police Station plans to formally transfer the suspect, a man in his 30s identified as “A,” to the prosecution in custody on the charges of attempted special robbery resulting in injury.
Two days after his arrest, on Novemeber 18, A filed a petition for a warrant review (request for release), claiming that the police did not inform him of his Miranda rights during the arrest process. However, the court dismissed the request.
Because of the warrant review process, the detention period was extended, and the police decided to proceed with sending A to the prosecution in custody on that day.
“First of all, A was already injured during the process of being subdued. The Supreme Court has ruled that if the arrest scene is chaotic or if it is difficult to immediately notify the suspect due to injury, it is valid as long as the rights are read at the earliest possible time after the situation is stabilized. If the police prioritized transferring him to the hospital immediately upon arrival at the scene, then a slight delay in announcing the rights cannot be considered an illegal arrest. “Another important point is that the suspect had already been subdued by Nana and her mother before the police arrived. This counts as a citizen’s arrest (arrest by a private individual in the act). In such cases, ordinary citizens have no obligation to inform the suspect of his Miranda rights. The police’s duty to inform begins only after they take custody. If the police informed him while transporting him to the hospital or immediately after treatment, then it is difficult to view the procedure as flawed.”
The Miranda rights require investigative authorities, when arresting a criminal suspect, to notify them in advance of the reason for their arrest and their legal rights, including the right to remain silent, right to an attorney, and right to refuse to make a statement.
A is accused of breaking into Nana’s home in Acheon-dong, Guri around 6 am on November 15, while armed with a weapon, threatening and injuring Nana and her mother, and demanding money. It was revealed that he had prepared a ladder and used it to climb up to the balcony, where he opened an unlocked door and entered the home.
Upon encountering Nana’s mother inside the house, A reportedly grabbed her by the neck and assaulted her. Hearing her mother’s screams, Nana woke up and rushed to stop him. During the struggle, the mother and daughter restrained A by holding onto his arms so that he could not move, and then called the police. Nana’s mother was injured during the struggle but has since regained consciousness and is receiving treatment, and Nana also sustained injuries and was treated for them, according to reports. During the incident, A received a laceration to his chin caused by the weapon, according to the investigation.
