"Defamation Charges: 'No Specific Target Identified'"
A woman in her 40s who held a solo protest near a store run by her husband's mistress, holding a placard that read "Let's not have an affair," was brought to trial but was acquitted by the court.
The Criminal Division 1 of the Busan District Court Western Branch (Chief Judge Lee Jin-jae) acquitted Ms. A, in her 40s, who was charged with defamation and obstruction of business, and deferred sentencing on charges of violation of the Communications Privacy Protection Act and injury, Yonhap News reported on the 23rd.
On October 24, 2021, from 10 a.m. for about four hours, Ms. A held a placard with the message "Let's not have an affair" near a store in Gyeongnam run by Ms. B, who was having an affair with her husband, and protested. She was later brought to trial on charges of defaming Ms. B and obstructing her business.
At the time, Ms. A was sitting holding the placard in a solo protest format next to a utility pole near Ms. B's store.
The court ruled that it was difficult to establish defamation because it was hard to infer that the target of the placard's message was Ms. B.
The court stated, "The placard did not contain any wording that could suggest that the target of the affair was Ms. B," and added, "It appears that there are many people residing in the building where Ms. B is located, besides Ms. B."
It further added, "It has not been proven that the subject of the honor was specifically identified just by holding the placard, nor that any specific facts were revealed that would lower Ms. B's social value or evaluation."
Not Considered Obstruction of Business Either... However, Deferred Sentencing for Husband's Call Recording
Regarding the obstruction of business charge, the court said, "Ms. A was sitting holding the placard at a distance somewhat away from the store entrance and did not engage in any behavior that obstructed the passage of customers," and added, "It is difficult to conclude that the power to obstruct business operations was exercised solely by holding a solo protest."
Meanwhile, separately, the court deferred sentencing on the charge that Ms. A illegally recorded conversations between her husband and Ms. B.
Deferred sentencing is a ruling where, when a minor crime is committed, the court postpones the sentencing for a certain period, and if that period passes without further incident, the case is considered dismissed (prosecution rights are lost and no charges are filed).
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