Former Navy Admiral Convicted Again in Appeal for Destroying 'Park Geun-hye Nude Satire' Painting

Defendant: "A Ruling Detached from Public Sentiment"... Appeal to the Supreme Court

[Asia Economy Reporter Yoo Byung-don] The appellate court also upheld the guilty verdict in the first trial against a retired naval admiral who was convicted of damaging a satirical nude painting of former President Park Geun-hye.

The Criminal Division 3 of the Seoul Southern District Court (Presiding Judge Heo Jun-seo) announced on the 17th that it dismissed the appeals of retired Admiral Shim Mo (66) and A (61), who were charged with property damage, and upheld the original sentence of a 1 million won fine.

Previously, Shim and A were prosecuted for removing the satirical nude painting of former President Park Geun-hye titled "Dirty Sleep," which was displayed in the lobby on the first floor of the National Assembly Members' Office Building in Yeouido, Seoul, in January 2017, then throwing it on the floor, breaking the frame, and crumpling the painting.

In the first trial held in January last year, the court recognized guilt, stating, "Having a negative view of the controversial painting does not permit an individual to enforce that view through violent means under the law."

In response, Shim and others repeatedly claimed innocence, arguing, "Hanging a painting that personally insults former President Park in the National Assembly is a human rights violation, and stopping it constitutes justifiable defense and lawful conduct," and "The prosecution abused its authority and conducted illegal late-night investigations."

However, the appellate court also found no connection between justifiable defense and the crime of damaging the painting.

The court maintained the original judgment, stating, "If such an incident occurred, it should be resolved by filing a damage claim against the state, and there is no evidence to support the defendants' claims."

Meanwhile, the damaged "Dirty Sleep" is a parody of "Olympia" by French Impressionist painter ?douard Manet, with the face of former President Park Geun-hye superimposed on the nude woman lying on the bed, and the face of Choi Seo-won (formerly Choi Soon-sil) superimposed on the maid.

After the appeal was dismissed, Shim said, "Does this mean that even if I paint a nude picture of President Moon Jae-in and hang it in a public place, it cannot be sanctioned?" and called the ruling "detached from public sentiment," announcing his intention to appeal to the Supreme Court.