1·2 trials both ruled not guilty… "Political expression freedom, difficult to impose criminal penalties"

Jin Hye-won, the deputy chief prosecutor of the Busan District Prosecutors' Office, who was indicted for posting mocking comments about First Lady Kim Gun-hee on social media and expressing support and criticism for candidates from specific political parties, received a not guilty verdict in the second trial, followed by the prosecution's decision to forgo an appeal, making the ruling final.

According to the legal community on the 7th, both Jin and the prosecution did not submit an appeal by the deadline of the 23rd of last month. As a result, the criminal trial regarding violations of the State Public Officials Act, the Public Official Election Act, and the Information and Communication Network Act against Jin has concluded with the second trial verdict.

Earlier, the 6-1 Division of the Seoul High Court (presided by Jeong Jae-o, Choi Eun-jeong, and Lee Ye-seul) maintained the first trial's ruling on the 16th of last month by declaring Jin not guilty. The prosecution appealed immediately after the first trial verdict, citing factual misinterpretation and legal application errors, but the court did not accept this.

"Political writings and emotional expressions cannot be seen as aiming for a specific candidate's election"

The appellate court judged regarding the violations of the State Public Officials Act and the Public Official Election Act that "the sequence of acts such as the defendant's post, clicking emotional buttons on comments, and writing replies cannot be recognized as being derived from an intent to help the election of a specific candidate based solely on evidence."

Regarding the defamation charges against First Lady Kim Gun-hee, the court stated, "The defendant did not directly mention the word 'Juli' and there is insufficient premise that the term refers to Mrs. Kim," adding, "The allegations have not been clearly proven."

In the second trial's sentencing hearing, the prosecution sought a one-year prison sentence and one-year suspension of qualifications for the violations against the State Public Officials Act and the Public Official Election Act, and six months for the defamation charge, but the court rejected all requests.

"Prosetitute is a combination of 'Prosecutor' + 'Institute'… political satire cannot be penalized"

Jin was indicted for posting a past photo of Mrs. Kim on her social media in September 2022, adding the line, "I wonder if she knows the spelling of Juli," which mocked her. At the end of the post, she included the English word 'Prosetitute' that evokes images of a prostitute, which Jin explained was her own neologism combining 'Prosecutor' and 'Institute.'

Additionally, Jin posted about suspicions regarding Oh Se-hoon, then a candidate for Seoul Mayor, related to land issues in Naegok-dong and allegations of irregularities in the delivery of sculptures concerning Park Hyung-joon, a candidate for Busan Mayor, which led to her indictment for exhibiting political bias.

However, the first trial court stated, "The defendant has not explicitly stated any specific facts, and it can be seen as expressing political opinions," thus not recognizing defamation or violation of political neutrality obligations. This ruling was upheld in the appellate trial, and finally, with the prosecution abandoning the appeal, the not guilty verdict was confirmed.

This ruling has reignited discussions on the limitations of criminal penalties for the political expressions of public officials and the scope of freedom of expression.

Image source: Kim Gun-hee / News1, News1