Jeon Gwang-hoon Requests President Moon as Witness Again in Second Trial
[Asia Economy Reporter Lim Chun-han] Pastor Jeon Kwang-hoon, who was acquitted in the first trial after being indicted on charges including defamation of President Moon Jae-in, requested President Moon as a witness again at the first hearing of the appeal trial on the 16th.
Pastor Jeon's lawyer stated at the first hearing of the appeal trial held under the Seoul High Court Criminal Division 6-2 (Presiding Judges Jung Chong-ryeong, Jo Eun-rae, Kim Yong-ha) that day, "We are requesting President Moon as a witness in the appeal trial to confirm his subjective thoughts or intention to punish."
Pastor Jeon was indicted on charges of defamation for remarks targeting President Moon at gatherings in Gwanghwamun Square, calling him a "spy" and accusing him of attempting "communization," but was acquitted in the first trial. The first trial court judged that the remarks were not expressions revealing facts but rather critical opinions mixed with metaphors and exaggerations about political actions, and thus could not be punished. Despite the acquittal, Pastor Jeon’s side appealed and argued for dismissal of the defamation charges that day. Defamation, as a quasi-offense, requires dismissal of prosecution if the victim expresses a wish not to punish. President Moon has not specifically expressed such an intention.
Pastor Jeon's lawyer argued, "President Moon has repeatedly stated that he accepts any criticism against him and will not take legal action or punishment," and added, "It is judged that the defendant’s intention not to seek punishment is sufficient." He further stated, "President Moon must appear in court to confirm the intention to punish for defamation and the facts regarding 'spy' and 'attempted communization.'"
Pastor Jeon’s side also requested President Moon as a witness in the first trial, but it was dismissed. The appeal court showed reluctance, saying, "It seems to have no practical benefit," but allowed the submission of the witness application due to repeated requests from Pastor Jeon’s side.
The prosecution requested a guilty verdict, stating, "Since 'spy' is a matter that can be judged based on evidence, it is not a mere opinion but a factual statement."
Meanwhile, Pastor Jeon was also charged with pre-election campaigning for repeatedly urging support for right-wing conservative parties during prayer meetings at Gwanghwamun Square from December 2019 to January 2020, but was acquitted. The reason was that appealing for support before candidates were decided could not be considered election campaigning under the Public Official Election Act.
The prosecution argued, "Considering the content and timing of the remarks, the political situation, and the defendant’s behavior before and after the remarks, it is clear that he appealed for support for the Liberty Korea Party and opposition to the Democratic Party of Korea," and added, "Considering the time of the remarks, candidates could be considered somewhat identified."
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The court ordered the prosecution to reflect these details carefully and amend the indictment. The second hearing of Pastor Jeon’s appeal trial will be held on the 14th of next month.
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