Not Guilty in First Trial
10 Million Won Fine in Appeal
Choi Kangwook, former member of the Democratic Party of Korea, who was put on trial for defaming Lee Dongjae, a former Channel A reporter, has had his fine finalized by the Supreme Court.
The Supreme Court's Third Division (presiding justice: Oh Seokjun) on July 17 upheld the lower court's ruling, which sentenced Choi to a fine of 10 million won for charges including defamation under the Information and Communications Network Act. The court stated, "This case cannot be seen as an abuse of prosecutorial authority, the facts alleged by the defendant are false, and there is a clear intent to defame. Therefore, the appeal is dismissed."
Choi was brought to trial on charges that, in April 2020, he posted on social networking services (SNS) that "Lee Dongjae, former Channel A reporter, told Lee Cheol, former CEO of Value Invest Korea (VIK), 'Just close your eyes and say you gave money to Rhyu Sihmin,' and 'We will raid Rhyu Sihmin's home and family, and also search the Roh Moo-hyun Foundation where Rhyu Sihmin serves as chairman.'"
The court of first instance ruled, "While it is true that Choi revealed false information, there is insufficient evidence to prove that he acted with the intent to defame," and acquitted him.
However, the appellate court overturned the first ruling, stating, "The defendant either quoted or distorted the contents of the letter and the transcript, thereby attacking the victim and the prosecutor as if they had colluded to instigate false accusations, and portrayed the reporter as someone who encouraged false reports. This goes beyond the scope of legitimate criticism for the public interest and demonstrates an intent to defame the victim." The court sentenced Choi to a fine of 10 million won. On this day, the Supreme Court also found no fault with the appellate court's decision and finalized the sentence.
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