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| Pastor Jeon Kwang-hoon Sarangjeil Church, who was convicted in the first trial, is raising his thumb with both hands while leaving the Seoul Central District Court in Seocho-gu, Seoul on the 30th. 2020.12.30/News1 © News1 Reporter Seongcheol Lee |
Jeon Kwang-hoon, the senior pastor of Sarangjeil Church, who was handed over to the trial for violating the Public Official Election Act and defaming President Moon Jae-in, was acquitted at the first trial.
In particular, in the case of defamation against President Moon, controversy arises against the judgment of other judges in the same court.
According to the court on the 31st, Section 34 of the Seoul Central District Court Criminal Agreement (presiding judge Heo Seon-ah) pleaded acquittal to a former pastor who was charged with violating the Public Official Election Act and defaming the previous day (30th).
Regarding the allegations of violating the election law, “The’free right party’ that the past pastor supported at each rally in this case is abstract and ambiguous, so the scope of its extension cannot be determined.” I can’t do it.”
He added, “At the time of the remarks, the registration of candidates for the 21st general election has not yet been made, but since there is no specific candidate that is the premise of the election campaign concept under the Public Office Election Act, it does not fall under the election campaign set by the Public Official Election Act.”
This is similar to the purpose of the Seoul High Court Criminal Division 2 (deputy judge Ham Sang-hoon, Kim Min-ki, Ha Tae-han) who took charge of the case of Gyeongnam Governor Kim Gyeong-su, who judged Governor Kim’s charges of violating the Public Official Election Act as innocent, saying, “No candidate has been specified.”
Following the charges of violating the election law, the former pastor’s court found it innocent for defamation. It was correct that the former pastor made comments such as’Moon Jae-in is a spy’ and’Moon Jae-in attempted communism’, but decided that it did not damage President Moon’s reputation.
The judge said, “The remarks of espionage are more likely to be understood or interpreted as being’a person friendly to North Korea’.” “He said.
“The victim is the incumbent president and politician, public figure, and the verification of the political ideology of public existence should be made more freely in the free market of thought.”
Regarding the ruling, Pastor Jeon said, “It is a meaningful judgment that clarifies political criticism and freedom of expression,” and said, “It has a symbolic meaning that criticism should be broadened, especially against the president in the public sphere.”
However, the former chairman of the Broadcasting Culture Promotion Association, who was handed over to trial by representing President Moon as a’communist’, was convicted at the second trial in August. In the first trial, he was acquitted, but the second trial court sentenced him to 10 months in prison and two years probation.
At the time, the second trial court emphasized that “in the light of kinship and ideological conflict, the communist expression cannot help but degrade the victim’s social evaluation more than any other expression.”
In addition, he judged that “as a result of the materiality and defamation of the remarks, it is difficult to see that the former chairman’s remarks were made legitimately within the range of freedom of expression,” he said.
The civic group’Peace Tree’, which has accused the former pastor several times, objected to the first trial’s innocence, saying “I can’t understand it.” In addition, the Democratic Party also criticized it as “a ruling that is difficult to understand, although the spread of false facts of craziness and freedom of expression should be strictly separated.”
As in the case of former chairman Ko, there is a keen interest in whether the judgment of innocence will be reversed. In the second trial, the charge of defamation against the President is expected to become a key issue. The prosecution foretold the appeal.