Court: "False Information Specified Without Concrete Evidence"
9 Out of 10 Statements Ruled Not Guilty
Former Democratic Party lawmaker Ahn Minseok, who was indicted on charges of defamation for spreading false information about Choi Seo Won (formerly Choi Soon Sil), a key figure in the Park Geun-hye administration's state affairs manipulation scandal, was sentenced to a fine in the first trial.
Former Democratic Party lawmaker Minseok Ahn is speaking to the press after the first trial verdict on defamation charges against Choi Seo Won (formerly Choi Soon Sil) at Suwon District Court on the morning of the 10th. Photo by Yonhap News
On July 10, the 19th Criminal Division of the Suwon District Court (Judge Seol Inyoung) sentenced former lawmaker Ahn to a fine of 3 million won on charges of defamation under the Information and Communications Network Act.
The court stated, "The defendant damaged the victim's reputation by specifying false information on a matter of significant public interest without making efforts to present concrete supporting evidence. However, in determining the sentence, the court took into consideration the number of instances of defamation recognized as guilty and the fact that the defendant has no prior convictions for similar offenses."
The court found Ahn guilty on only one of the ten statements in question, and acquitted him on all the remaining statements.
The court explained, "The defendant argued in court that each fact alleged in the indictment constituted an expression of opinion, that there was no intent to defame or purpose of slander, and that there were grounds for justification. However, based on the court's review of the evidence, the court did not accept the defendant's claim regarding the statement implying 'money was received' in one of the indicted remarks, and found him guilty on that point."
The statement by former lawmaker Ahn that the court recognized as defamatory was, "Choi met with the president of a U.S. defense company and gained benefits."
Previously, during the sentencing hearing, the prosecution had requested a one-year prison sentence.
After the trial, former lawmaker Ahn stated on his Facebook page, "It is regrettable that the court judged the claim that Choi Seo Won met with the president of Lockheed Martin to be false," and added, "My statement was based on information I received in the fall of 2016."
He continued, "The informant was a military general at the time, and together with his lawyer, a monk, and myself, the four of us met at a Chinese restaurant in Osan, where I received specific information. During the trial, instead of the informant testifying, the monk appeared as a witness and confirmed the facts to the court. I expected that this would be sufficient to prove the information, so I am disappointed. Should I have revealed the identity of the former military general?"
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