Law: "There Was Substantial Reason to Suspect Unfair Reporting"
[Asia Economy Reporter Kim Daehyun] In relation to the so-called 'Channel A incident,' Choi Kang-wook, a member of the Democratic Party of Korea who was prosecuted for spreading false information about former reporter Lee Dong-jae, was acquitted in the first trial.
The court ruled that rather than Choi personally intending to defame former reporter Lee, his purpose was to verify whether Lee was trying to influence the 2020 National Assembly election through whistleblowing involving former Roh Moo-hyun Foundation Chairman Yoo Si-min and others.
On the morning of the 4th at 10 a.m., Judge Kim Tae-gyun of the Seoul Central District Court Criminal Division 16 stated, "Based solely on the evidence submitted by the prosecution, it is difficult to conclude beyond reasonable doubt that the defendant intended to defame the victim," and acquitted Choi, who was charged with defamation.
Judge Kim said, "Regarding the letter sent to Lee Cheol and related transcripts, the defendant had substantial reasons to suspect that the victim conducted improper investigations connected to the prosecution," adding, "Even if false facts were revealed, the victim had already brought about the possibility of being subjected to defamatory expressions."
He further added, "It appears that the defendant needed to criticize and verify whether the victim engaged in illegal investigative activities, and there is no motive found for defaming the victim out of personal feelings or other reasons."
Choi is accused of damaging former reporter Lee’s reputation by posting a message titled 'Summary of Channel A reporter’s statements in the letter and transcript' on his social media account on April 3, 2020.
The post reportedly contained statements that former reporter Lee told former Value Invest Korea (VIK) CEO Lee Cheol, "Just close your eyes and say you gave money to Yoo Si-min," and "We will search Yoo Si-min’s house and family, as well as the Roh Moo-hyun Foundation, where Yoo serves as chairman."
During the trial, Choi’s side denied the charges, arguing that "the content was based on information received from a whistleblower, so it cannot be considered false, and that they merely conveyed the gist of former reporter Lee’s statements and commented on them."
On the other hand, former reporter Lee demanded severe punishment, claiming he was subjected to 'character assassination,' and the prosecution requested a 10-month prison sentence.
Former reporter Lee was acquitted in the first trial despite being charged with attempted coercion. Meanwhile, Choi was also prosecuted for obstruction of business for issuing a false internship certificate to Cho, the son of former Minister of Justice Cho Kuk, and after receiving an 8-month prison sentence with a 2-year probation in the first and second trials, he is awaiting the Supreme Court’s decision.
Ahead of the 2020 general election, Choi was also charged with violating the Public Official Election Act for falsely announcing on an internet podcast that Cho had actually interned, receiving an 800,000 KRW fine in the first trial and currently undergoing an appeal trial.
Elected officials are disqualified from office if they are fined 1 million KRW or more for violating the Public Official Election Act or receive a prison sentence or higher in general criminal cases.
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