Two-Year Prison Sentence Upheld; Bail Revoked and Immediate Detention Ordered
Court: "No Remorse and Attempted Flight, Severe Punishment Needed"
Byun Heejae, the 51-year-old Senior Advisor of Mediawatch, who was indicted and detained on charges of spreading false information that the reports on Choi Soon-sil's so-called "shadow influence" and her tablet PC were fabricated, has also been sentenced to two years in prison in the appellate trial.
The Criminal Appellate Division 4-2 of the Seoul Central District Court (Presiding Judges Eom Cheol, Yoon Wonmook, and Song Jungho) on December 2 sentenced Byun to two years in prison and ordered his immediate detention in court, following the first trial, on charges including violations of the Act on Promotion of Information and Communications Network Utilization and Information Protection. This comes seven years after the first verdict was delivered in December 2018. The court also revoked Byun's bail and, by its own authority, forfeited his bail deposit of 50 million won to the state.
Previously, in May 2019, the appellate court had granted Byun bail under conditions that prohibited him from participating in rallies or protests related to the case, banned contact with individuals involved in the trial, and restricted his residence.
The court stated, "Given that Byun has shown no remorse and attempted to flee, a severe punishment is necessary." However, it added that there was no need to increase the sentence out of respect for the original ruling, and dismissed both Byun's and the prosecutor's appeals.
Byun was brought to trial on charges of spreading false information through publications such as the book "Son Seokhee's Curse" and articles on Mediawatch, including the claim that "JTBC, in collusion with former Blue House administrator Kim Hansoo, obtained the tablet PC, manipulated files, and reported as if Choi Soon-sil had used it."
In the first trial in December 2018, the court found Byun guilty on all charges and sentenced him to two years in prison. During the appeal, Byun argued, "All the evidence is inside the tablet PC, so I cannot destroy evidence even if released," and requested to be tried without detention to guarantee his right to defense.
The appellate court allowed bail on the condition that Byun would not participate in rallies related to the tablet PC fabrication allegations, citing no risk of evidence destruction or flight. During the second trial, Byun repeatedly filed motions to recuse the judges, claiming he could not expect a fair trial, which prolonged the proceedings.
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