2024-01-17 02:48:45
On the 17th, the appellate court overturned the first trial verdict of not guilty and found former Democratic Party lawmaker Choi Kang-wook, who was indicted on charges of defaming former Channel A reporter Lee Dong-jae, guilty.
Former Democratic Party lawmaker Choi Kang-wook, who was found not guilty in the first trial on charges of defaming former Channel A reporter Lee Dong-jae, is attending the second trial sentencing held at the Seoul High Court in Seocho-gu, Seoul on the 17th. The second trial court sentenced former lawmaker Choi to a fine of 10 million won./Yonhap News
On this day, Seoul Central District Court Criminal Appeal Division 5-2 (Presiding Judge Choi Tae-young) sentenced former lawmaker Choi, who was indicted on charges of defamation under the Information and Communications Network Act, to a fine of 10 million won. The court said, “Former Rep. Choi defamed former reporter Lee by openly stating false facts for the purpose of slandering her,” and added, “There is an error in the original trial’s decision due to misunderstanding of the facts and misunderstanding of the law.”
In April 2020, former lawmaker Choi posted a post on his Facebook titled ‘Summary of Channel A reporter’s remarks in the letter and transcript.’ Former Rep. Choi said in this article that former reporter Lee Cheol Lee (former CEO of Value Invest Korea) said, “It doesn’t have to be true. He wrote that he said, “If you want to live, say that you gave money to Yoo Si-min,” but the prosecution considered this as defamation under the Information and Communications Network Act and prosecuted him.
However, the first trial declared him not guilty in October 2022, saying, “The purpose of slander is not recognized as it is a matter of public interest.” In order for a charge of defamation by stating false facts to be established under the Information and Communications Network Act, the requirement of ‘purpose to slander a person’ must be met. Accordingly, in the second trial, the prosecution added the crime of defamation under the criminal law, which does not require recognition of the ‘purpose of defamation’, to the charges.
The appeals court found former Rep. Choi guilty of defamation under the Information and Communications Network Act, finding that he had the purpose of defamation. The second trial court said, “Former Rep. Choi went beyond quoting or summarizing the main points of (former reporter Lee’s) letters and distorted the content, attacking former reporter Lee as a reporter who made false accusations or encouraged false information,” and added, “Former reporter Lee, “It was judged to be an illegal act that did not fit the purpose of the law on freedom and exceeded the scope of criticism in terms of social norms.” He said, “It is reasonable to believe that former Rep. Choi’s act of writing this article went beyond the scope of legitimate criticism for the public interest and was done for the purpose of slandering former reporter Lee.”
The second trial court also ruled that former Rep. Choi posted the controversial article even though he knew it was false. The court said, “Former Rep. Choi was able to confirm that the parts he quoted were different from objective facts just by looking at the data released to the media (at the time), and he also reviewed (related materials) such as letters before posting the article.” “It is quite possible to believe that the falsehood was recognized or that there was intent,” he said.
An article posted by Choi Kang-wook, leader of the Open Democratic Party, last April, defining the incident of ‘suspicion of attempted coercion by a Channel A reporter’ as ‘general election planning by the prosecution and the media.’ Much of what CEO Choi posted is not included in the published letters or transcripts.
The second trial court said, “Former Rep. Choi’s remarks inevitably contributed significantly to the formation of public opinion, and he posted this incident on social networks even though he was fully aware that as a politician, his remarks must be cautious.” He added, “It might severely distort the formation of public opinion.” “The crime is not good in that it can be committed,” he pointed out.
Former lawmaker Choi told reporters following the sentencing, “I think the court used too much imagination,” and added, “I believe we will be able to get a normal judgment from the Supreme Court.”
Former lawmaker Choi also lost both the first and second trials of a damages lawsuit filed by former reporter Lee for spreading false information. The Seoul High Court ruled in June last year that Rep. Choi must compensate former reporter Lee 3 million won, as it did in the first trial. This case is currently in the process of being appealed to the Supreme Court following former lawmaker Choi objected.
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