The court acquitted a broadcaster's reporter and PD who visited the officetel of Cho Min, daughter of former Minister of Justice Cho Kuk, ruling that their actions constituted newsgathering activities.
At around 2 p.m. on the 29th, Judge Lee Geun-soo of the Criminal Division 3 at Seoul Southern District Court acquitted reporter A and PD B, who were charged with violating the Act on the Aggravated Punishment, etc. of Specific Crimes related to violent acts.
They were accused of ringing the doorbell and knocking on the front door twice on September 5 and 6, 2019, at the officetel in Yangsan-si, Gyeongnam, where Cho resided, requesting her to respond to their coverage. Previously, the prosecution requested the court to sentence A and B to fines of 2 million won each at the sentencing hearing held last month.
The court ruled, "The defendants' actions fall under socially acceptable conduct for journalists and PDs engaged in newsgathering activities," adding, "This corresponds to justifiable acts under Article 20 of the Criminal Act and does not constitute a crime." This broadly recognized freedom of the press.
The court viewed their visit as an act to provide an opportunity for coverage or rebuttal. "The defendants visited the victim the day before and on the day of the personnel hearing for her father, Cho Kuk," and stated, "The defendants had a necessity to approach the victim for coverage."
Additionally, the court considered that the defendants stayed about 30 minutes during the first visit and about 50 minutes during the second visit in front of Cho's residence, and that the visits occurred during daytime hours.
Furthermore, the court stated, "Even if we accept the victim's testimony as true, it can only be seen as an act of requesting coverage after confirming the victim was at home, and since it was after the victim entered the house, the possibility of additional rights violations is expected to be minimal."
The court continued, "Although precedent holds that entering a common area such as a shared entrance constitutes trespassing, it is difficult to equate this with intrusion into a private space," and added, "The fact that the defendants only entered the common hallway, a shared area, is considered a favorable circumstance for the defendants."
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