Park Beom-gye and Park Chan-dae, members of the Democratic Party's Countermeasures Committee Against Prosecutorial Dictatorship and Political Oppression, have been reported to the prosecution in connection with allegations of a 'drinking party coercion' inside the prosecution office raised by former Gyeonggi Province Deputy Governor for Peace Lee Hwa-young.
On the 23rd, Seoul City Council member Lee Jong-bae filed a complaint with the Seoul Central District Prosecutors' Office against Park Beom-gye, standing chairman of the Democratic Party's Countermeasures Committee Against Prosecutorial Dictatorship and Political Oppression, Park Chan-dae, co-chairman, and other committee members on charges of spreading false information, defamation, and obstruction of official duties.
On the afternoon of the 18th, Park Beom-gye, Standing Chairman of the Democratic Party's Countermeasures Committee Against Prosecutorial Dictatorship Political Oppression, and Park Chan-dae, Co-Chairman, among others, visited the Supreme Prosecutors' Office in Seocho-gu, Seoul, to protest. They demanded that the Supreme Prosecutors' Office investigate the Suwon District Prosecutors' Office regarding the claim by Lee Hwa-young, former Deputy Governor for Peace of Gyeonggi Province, about 'coercion to fabricate testimony during a drinking party.' [Image source=Yonhap News]
The purpose of Lee's complaint is that the allegation of coercion at a drinking party claimed by former Deputy Governor Lee was a clear falsehood, and that the accused knowingly or at least with awareness of the possibility that it could be false, asserted it anyway, thereby damaging the reputation of the prosecutor in charge at the Suwon District Prosecutors' Office and obstructing the fair trial process of the court.
In the complaint, Lee requested that both the defamation under the Information and Communications Network Act (Article 70, Paragraph 2), which requires a 'purpose of defamation,' and the defamation under the Criminal Act (Article 307, Paragraph 2), which can be established without a 'purpose of defamation,' be reviewed.
Prior to submitting the complaint, Lee issued a press release stating, "The accused Park Beom-gye, Park Chan-dae, and others from the Democratic Party's Countermeasures Committee Against Prosecutorial Dictatorship and Political Oppression claimed in a statement on the 13th that 'an unthinkable event occurred where detained suspects ate sashimi and drank alcohol while fabricating testimonies,' and on the 18th, they claimed that 'people believed to be related to Ssangbangwool provided salmon, sashimi rice bowls, and soju,' but these are clear falsehoods."
He pointed out, "The accused Lee Hwa-young's side claimed that a drinking party took place at the prosecution office immediately after June 30, 2023, or around 5 to 6 p.m. on July 3, but it was confirmed that Lee Hwa-young had a meal at the detention center, not the prosecution office, on June 30, and on July 3, he finished questioning around 5 p.m. and left for Suwon Detention Center 10 minutes later, so this is a clear false claim. Also, Lee's side claimed that the space where the drinking party occurred had a small glass window, but according to photos released by the prosecution, it was a large floor-to-ceiling window about adult height."
Lee stated, "In summary, despite the drinking party coercion claim by Lee Hwa-young's side being a clear falsehood, the accused Park Beom-gye, Park Chan-dae, and others asserted Lee's side's false claims as they were, which constitutes spreading false information. Therefore, the accused obstructed fair trial proceedings by causing the court to be misled, mistaken, or confused by spreading false information about defendant Lee Hwa-young, who is on trial, thereby committing obstruction of official duties, and also defamed the prosecutor in charge at the Suwon District Prosecutors' Office with false information. Hence, Park Beom-gye, Park Chan-dae, and others are criminally charged with obstruction of official duties and defamation by spreading false information."
He added, "The Democratic Party, including Park Beom-gye and Park Chan-dae, is engaging in serious judicial manipulation by trying to cover up the crimes of Representative Lee Jae-myung with absurd lies that Lee Hwa-young held a drinking party at the prosecution office. They are hypocritically demanding a special investigation into the drinking party coercion, but rather, a special investigation should be conducted into the collusion between Lee Hwa-young and the Democratic Party to save Representative Lee through judicial manipulation."
He continued, "The Democratic Party's false agitation to save Representative Lee is a parliamentary dictatorship that tries to suppress the judiciary by the number of seats and an unconstitutional outrage that destroys the separation of powers. I urge the prosecution to thoroughly investigate and severely punish the accused Park Beom-gye, Park Chan-dae, and others to protect the constitution from the Democratic Party's tyranny that tramples democracy while reigning above the law."
Although the complaint has been filed with the prosecution, under the current Prosecutors' Office Act and the Presidential Decree (regulations on the scope of crimes for which prosecutors can initiate investigations), defamation and obstruction of official duties are not crimes subject to direct investigation by prosecutors or the Corruption Investigation Office for High-ranking Officials, so the investigation is expected to be conducted by the police.
Since both defamation by false information and obstruction of official duties are 'intentional crimes,' for the accused to be found guilty, there must have been an intention to defame the prosecutor and obstruct the judge's trial duties at the time of the offense, as well as awareness that the claims by former Deputy Governor Lee's side were false. The Supreme Court recognizes that even if there was no definitive awareness of falsehood, conditional intent is acknowledged if there was awareness of the possibility of falsehood.
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