The author of an online post who was put on trial for defaming Hyun Joo-yeop, a former basketball player turned broadcaster, by alleging that he committed school violence during his student days, has been acquitted in the first trial.
On November 12, Judge Park Junghyun of the Criminal Division 2 of the Seongnam Branch of Suwon District Court delivered this verdict to defendant A, who was indicted on charges of defamation by spreading false information under the Information and Communications Network Act.
Judge Park stated, "Based solely on the evidence submitted by the prosecution, it is difficult to regard the content of the post written by the defendant as 'the assertion of false facts,' making it hard to punish for defamation." He added, "Although a key witness identified as a victim of school violence testified to the police that there was no assault, the witness did not appear in court to testify. Therefore, it is difficult to trust the statements made to the investigative authorities."
Judge Park reserved judgment on whether the content of A's post, which claimed that Hyun Joo-yeop physically assaulted a junior during his school years, was true or false, stating, "Testimonies from witnesses who appeared in court include both statements that support the defendant's claims and statements that make it difficult to accept those claims."
The prosecution believed that A committed the act for monetary gain. However, Judge Park, after reviewing mobile phone text messages and other evidence, determined that the motive was revenge for alleged school violence and proceeded with the trial on that basis.
In March 2021, A posted on an online community, claiming to be a junior who attended the same school and trained in sports with Hyun Joo-yeop, and alleged, "Hyun Joo-yeop physically assaulted a junior at school in the past." A was charged with defaming Hyun Joo-yeop by posting false information.
Previously, another author who posted similar allegations of school violence against Hyun Joo-yeop on an online community and was put on trial for defamation by spreading false information under the Information and Communications Network Act was also acquitted by the Suwon District Court in February last year.
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