Court Sentences Late Sergeant Lee Yeram's Defamation Secondary Perpetrator to 1 Year Imprisonment

In June 2021, Sergeant Jangmo appeared at the warrant hearing with his head bowed.

[Asia Economy Reporter Choi Seok-jin, legal affairs specialist] The perpetrator who was convicted last year for forcibly molesting the late Sergeant Lee Yeram has been additionally sentenced to one year in prison for defaming Sergeant Lee's honor.

On the 9th, the 26th Criminal Division of the Seoul Central District Court (Presiding Judge Jung Jin-ah) sentenced Sergeant Jang (26), who was indicted on charges of defamation, to one year in prison.

The court pointed out, "(Jang's statements) constitute a fatal secondary harm attacking the victim's credibility," adding, "The nature of the crime is very serious."

Jang was brought to trial on charges of defaming the victim by falsely claiming to fellow members of the Air Force's 20th Fighter Wing in March 2021 that he was falsely accused by Sergeant Lee.

He was investigated for telling two colleagues that "it was a matter that could happen routinely and that they should be careful."

In court, Jang's side admitted that "the statements in the indictment might have been made," but argued that they were merely expressions of opinion and that since the statements were not disseminated, the defamation charge should not be upheld.

However, the court judged that Jang's statements distorted the victim's words and actions, damaging her social evaluation, and even if the statements were not actually disseminated, the closed nature of the military meant there was a possibility of dissemination. The Supreme Court has recognized defamation charges if there is a 'possibility of dissemination,' regardless of whether actual dissemination occurred.

Jang, who belonged to the Air Force's 20th Fighter Wing, was indicted on March 2, 2021, for forcibly molesting his junior Sergeant Lee despite her refusal, and on September 29 last year, the Supreme Court confirmed a seven-year prison sentence.

Following public criticism that the military prosecution conducted a poor investigation, the special prosecutor team led by Ahn Mi-young was launched and additionally indicted Jang on defamation charges last September.

Earlier, at the sentencing hearing held on the 9th of last month, the special prosecutor team requested a two-year prison sentence for Jang.

At that time, the special prosecutor team pointed out, "After the crime, Jang defamed the victim by spreading false information that instilled the perception that he was unfairly reported," adding, "This act, intended to downplay and conceal the crime, is a typical secondary harm."

Before the sentencing request, the special prosecutor team also presented evidence in court containing statements Jang made to those around him after being reported for sexual harassment, such as "It was something that could happen routinely but I was reported," "There was light touching," and "Be careful of female soldiers," as well as circumstances indicating that Sergeant Lee's sexual harassment victimization was disseminated within the unit.