'Police Chief Is Not a "Gang Leader" Insult... Min Kyung-wook Who Posted on SNS Found "Not Guilty"'
Court: "Considering the Position of the Commissioner of Police, Expression Allowed by Social Norms"
Former Future United Party (predecessor of the People Power Party) lawmaker Min Kyung-wook (60), who was prosecuted for defamation after posting an article on the internet referring to the National Police Agency chief as the 'leader of a dog pack,' was acquitted.
Although the expression was insulting, the court ruled that since the position of the National Police Agency chief is subject to broad public criticism, the term 'leader of a dog pack' is socially acceptable.
On the 16th, Judge Kwon Soon-nam of the Incheon District Court Criminal Division 3 announced the acquittal of former lawmaker Min, who was charged with defamation.
Min was prosecuted for defamation after posting on social media on September 25, 2020, referring to then-Police Chief Kim Chang-ryong as the 'leader of a dog pack.'
He wrote, "Currently, the police are dogs who only worry about the safety of the Moon Jae-in administration, not the people," and "The leader of that dog pack is Kim Chang-ryong." It was investigated that Min wrote this critical post after the police declared a conservative group’s vehicle parade around Gwanghwamun in Seoul illegal.
Article written by former lawmaker Min Kyung-wook in September 2020 [Screenshot of former lawmaker Min Kyung-wook's Facebook = Yonhap News]
View original imageMin was booked without detention and sent to the prosecution. After being summarily indicted with a fine of 700,000 won, he requested a formal trial in January last year.
During the trial, he argued, "The post criticized the position of the National Police Agency chief at the time, not Kim personally," and "The National Police Agency chief cannot be a victim of defamation."
Judge Kwon stated, "The term 'leader of a dog pack' is an insulting expression that lowers someone's social evaluation," and "Since the post did not attach the position of Police Chief, it seems there was also an intention to criticize Kim personally."
However, he explained, "The post was written with the intention of criticizing the Police Chief’s decision to ban urban rallies," and "The Police Chief is a position that can be subject to broad public criticism."
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Judge Kwon added, "Considering the circumstances of the post, it was a legitimate act with socially acceptable reasons," and "The illegality disappears, so it does not constitute a crime."
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