'Cheonanham Grounding Theory' Shin Sang-chul Acquitted in Second Trial
The appellate court overturned the first trial's 8-month prison sentence with 2-year probation and acquitted
Appellate court: "Difficult to recognize intent to defame"
[Asia Economy Reporter Lim Hye-seon] The appellate court overturned the first trial's guilty verdict and acquitted Shin Sang-chul (62), former CEO of Surprise, who was charged with defamation for claiming the 'Cheonanham grounding theory.'
The Criminal Division 5 of the Seoul High Court (Presiding Judges Yoon Kang-yeol, Jang Cheol-ik, Kim Yong-ha) on the 6th acquitted Shin, who was charged with violating the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (defamation), overturning the first trial's sentence of 8 months imprisonment with a 2-year probation.
The first trial recognized that among the 34 articles Shin posted on internet media, two articles?one claiming that the military authorities deliberately delayed rescue efforts to fabricate the cause of the Cheonanham sinking, and another alleging that then Minister of National Defense Kim Tae-young concealed and fabricated evidence?constituted defamation. However, the appellate court ruled that regarding the article about the government intentionally delaying the salvage, "although it contains exaggerated or harsh tones and unverified facts, its main motive or purpose was to urge the prompt progress of rescue operations."
Regarding the article alleging that the then Minister of National Defense destroyed evidence, the court also judged, "It appears to point out suspicious circumstances with the purpose of urging the government and military to transparently provide information about the Cheonanham incident, making it difficult to recognize any intent to defame."
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Shin, who served as a member of the Cheonanham Civil-Military Joint Investigation Group, was charged with defaming military and joint investigation group officials by posting a total of 34 articles on internet media such as 'Surprise' in 2010, claiming that the government fabricated the cause of the Cheonanham sinking.
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