Ko Guk, the daughter of Ko Guk Innovation Party leader Ko Min, and others, including lawyer Kang Yong-seok who claimed on YouTube that she drives a Porsche, were acquitted again in the second trial.
The Seoul Central District Court Criminal Appeal Division 4-1 (Presiding Judges Yang Ji-jung, Eom Cheol, Lee Hoon-jae) on the 23rd at 10 a.m. acquitted lawyer Kang Yong-seok and Kim Se-ui, head of the Garosero Research Institute, who were indicted for violating the Information and Communications Network Act (defamation), as in the first trial.
The court stated, "Although some of the prosecutor's claims have merit, overall, there is no reason to believe the original verdict was wrong," and ruled, "Driving a foreign car may be an object of envy or jealousy, but it is difficult to consider it defamation in itself." It also said, "It is reasonable to view the overall remarks as concerning Ko, who was a public office candidate."
Additionally, the court noted, "The tip-off email contained specific details that would be difficult to know unless one was a student or related person attending the same school, and most of those details were proven true," and "It also took into account that only the small part related to the foreign car was prosecuted."
However, the court cautioned, "This was a matter that could have easily become defamation, so similar actions should be careful in the future," and "Although I do not know the nature of your estrangement, you should be cautious about slandering even family members."
Earlier, in August 2019, lawyer Kang and others were brought to trial on charges of spreading false information by revealing a photo of a Porsche parked at Pusan National University Medical School on the YouTube channel Garosero Research Institute, claiming "Ms. Ko drives a red sports car."
The first trial court ruled, "It is difficult to conclude that the expression itself is an act that lowers the victim's social value or evaluation," and "Even if it is an expression defamatory to the victim, it pertains to a public interest concerning public figure Ko Guk." It also stated, "Based on the evidence submitted by the prosecution alone, it is difficult to conclude that the defendants had false awareness or intent to defame."
Kim Yong-ho, a former Sports World reporter who was also indicted, died in October last year, and the prosecution was dismissed according to the Criminal Procedure Act.
Immediately after the verdict, lawyer Kang Yong-seok said, "It seems the court made a wise judgment," and "I think it would be good if the prosecution respects the judiciary's decision and does not appeal."
Kim Se-ui said, "It seems the judiciary took into consideration that the remarks were made during the verification process of the Ko family, who were candidates for the Ministry of Justice under the Moon Jae-in administration at the time."
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