The online poster who was brought to trial on a charge of defaming former basketball player Hyun Joo-yeop by writing a post stating that during his...
The online poster who was brought to trial on a charge of defaming former basketball player Hyun Joo-yeop by writing a post stating that during his school days he suffered school violence at the hands of Hyun has been found not guilty at first instance.
On the 12th, Judge Park Jeong-hyun, sole judge of Criminal Division 2 at the Seongnam Branch of the Suwon District Court, acquitted A, who had been indicted on a charge of defamation by false information under the Information and Communications Network Act. Judge Park stated, “Based solely on the evidence submitted by the prosecution, it is difficult to regard the contents of the post by the defendant as a ‘statement of false facts,’ so it is difficult to punish for defamation,” and added, “The key witness identified as the school-violence victim told the police that there had been no assault, but did not appear and testify in court. Considering this and other points, his statements to the investigative agency are not reliable.” However, Judge Park reserved judgment on the substance of the post by A alleging that Hyun used physical violence against a younger schoolmate during his school days. Judge Park said, “Based on the testimony of the witnesses who appeared in court, there are aspects consistent with the defendant and aspects that make it hard to accept the claims.” In March 2021, A claimed in an online community to be a junior who had trained at the same school as Hyun and posted a false article stating, “Hyun in the past used physical violence against a younger schoolmate,” leading to an indictment on a charge of defaming Hyun. Meanwhile, another poster who uploaded to an online community a post with similar allegations of school violence against Hyun and was brought to trial on a charge of defamation by false information under the Information and Communications Network Act was acquitted in a related trial in February last year.
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