Court Acquits Reporter Lee Sang-ho of Defamation Against Late Kim Kwang-seok's Wife in Citizen Jury Trial
Recognition of Public Interest Purpose... Unanimous Opinion of 7 Jurors
Previously, Civil Trial Acknowledged 100 Million Won Compensation Liability
On the morning of the 12th, Lee Sang-ho, a reporter from Gobal News, is heading to the courtroom to attend a citizen jury trial held at the Seoul Central District Court in Seocho-gu, Seoul.
View original image[Asia Economy Reporter Choi Seok-jin] Lee Sang-ho, a reporter from Gobal News who raised suspicions of foul play in the death of singer the late Kim Kwang-seok through films and press conferences, suggesting that Kim may have been killed by his wife Seo Hae-soon, was acquitted in the first trial through a citizen jury trial.
Although the Supreme Court had already recognized a 100 million won compensation liability for Lee and his affiliated media company in a related civil case, the difference in conclusions can be attributed to the distinction between tort liability under civil law, which acknowledges responsibility for negligence, and criminal liability, which requires strict intent for establishing a crime.
The court viewed the matter related to Kim’s death as a public issue of national interest and also considered Lee’s actions to have originated from a public interest purpose.
The Criminal Division 22 of the Seoul Central District Court (Presiding Judge Yang Cheol-han) acquitted Lee on the 14th in the defamation and insult case conducted through a citizen jury trial.
The court stated, "Although the defendant stated some inaccurate facts and used somewhat rough and inappropriate expressions, it cannot be denied that the defendant’s actions were motivated by a public interest purpose."
It added, "The cause of Kim Kwang-seok’s death has raised many questions and is a matter of public interest to the general public. It is inappropriate to subject the defendant to criminal punishment over some expressions."
Regarding the insult charge, the court said, "It is acknowledged that the defendant referred to the victim as 'Choi Soon-sil' or 'devil,' but this appears to be the defendant’s use of some inappropriate expressions while urging an investigation into the cause of Kim Kwang-seok’s death. It is difficult to conclude that such expressions alone harmed the victim’s social evaluation."
The citizen jury trial of Lee, which began at 10 a.m. the previous day, involved intense courtroom battles between the prosecution and Lee for 12 hours, followed by the jury’s deliberation.
The seven jurors who observed the 12-hour confrontation between Lee and the prosecution from 10 a.m. to 10 p.m. the previous day deliberated for three hours and reached a unanimous verdict of not guilty around 1 a.m. that day.
Lee was indicted for defaming Seo by spreading false information that she killed Kim Kwang-seok and their infant through the film "Kim Kwang-seok" and press conferences. He was also charged with insulting Seo by referring to her as "Choi Soon-sil" and "devil."
Lee’s side requested a citizen jury trial at a prior preparatory hearing, and the court accepted the request, conducting the trial over two days on the 12th and 13th.
Earlier, the prosecution pointed out Lee’s use of definitive expressions and sought a sentence of 1 year and 6 months in prison.
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Meanwhile, the Supreme Court’s Third Division (Presiding Justice Lee Dong-won) on May dismissed Seo’s appeal without oral argument in the damages lawsuit she filed against Lee and Gobal News, thereby affirming the lower court’s ruling that recognized a 100 million won compensation liability.
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