Prosecutor Jin Hyewon Also Acquitted in Appeal Trial for 'Kim Gunhee Defamation Charges'

Also Acquitted of Election Law Violations

Jin Hyewon, deputy chief prosecutor of the Busan District Prosecutors' Office, who was indicted for mocking Kim Geon-hee, wife of former President Yoon Seok-yeol, on social networking services (SNS) and posting criticisms of a specific political party candidate, was acquitted again in the appellate court.

Prosecutor Jin Hyewon attending the trial. Photo by Yonhap News

On the 16th, the 6-1 Criminal Division of the Seoul High Court (Presiding Judges Jeong Jae-o, Choi Eun-jeong, Lee Ye-seul) held a sentencing hearing for Jin’s case involving violations of the National Public Service Act, the Public Official Election Act, and defamation under the Information and Communications Network Act, and dismissed the prosecutor’s appeal.

The court stated, "It is difficult to recognize beyond a reasonable doubt that the defendant’s acts of posting the article, clicking the emotion reaction button on comments, and replying to comments objectively and clearly indicate an intention to promote the election or defeat of a specific candidate in a particular election."

Regarding the defamation charge, the court also rejected the prosecution’s claims, saying, "The original trial’s judgment was appropriate." The first trial had ruled on the charge by noting that the spelling of 'Prosetitute' differs from the English word for prostitute, and that it had already been used as a neologism criticizing the prosecution organization prior to this post. It was judged that the post did not directly state that the victim was Julie or that Julie was a prostitute, but rather appeared to criticize the prosecution for indicting Jeong Mo and Ahn Mo in relation to the so-called 'Julie allegations.'

However, the court dismissed Jin’s request for a constitutional review of the law, stating, "Since the request was made and dismissed in the first trial, it cannot be submitted again."

The prosecution had previously sought a sentence of one year imprisonment and one year disqualification for violations of the National Public Service Act and the Public Official Election Act, and six months imprisonment for violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.

Earlier, in September 2022, Jin was brought to trial on charges of defaming Kim by posting a past photo of Kim on Facebook with the comment, "I wonder if you know the spelling of Julie." At the end of the post, the English word 'Prosetitute,' which seemed to imply 'prostitute,' sparked controversy. Jin claimed it was a neologism combining 'Prosecutor' and 'Institute' to criticize the prosecution’s abuse of power.