By Lee Kyung-min
The Supreme Court referred the case of former National Intelligence Service (NIS) Chief Won Sei-hoon back to an appellate court, Thursday.
The top court said the lower court made mistakes about recognizing evidence during an appeal hearing against his conviction for meddling in the 2012 presidential election.
It said the Seoul High Court should review the case, because an email record, which the prosecution presented as critical evidence that led to his conviction, was inadmissible.
The court also rejected Won's request for bail.
In June 2013, Won was indicted for ordering NIS staff to conduct illegal online campaigning in favor of the ruling party ahead of the election. Won headed the NIS from 2009 to 2013.
A district court found him guilty of violating the NIS Law but not the Election Law, sentencing him to a 30-month prison term suspended for four years, alongside a three-year suspension from official duty. It did not recognize the email evidence.
However, the appellate court said Won violated the Election Law as well, sentencing him to three years in prison. He was immediately put behind bars.
The top court said the spy agency staffers' online comments or tweets about political issues on emails, submitted as evidence, cannot be recognized as documents made during his official duty.
"Due to the inadmissibility of evidence, it is impossible to determine whether Won is guilty or not of ordering his subordinates to post online comments," the top court said in its ruling.
"Whether he is guilty of violating NIS Law and Election Law requires further deliberation excluding the email evidence," it added.
"The high court should redefine the NIS' cyber activities without that evidence."
The top court can only deliver a ruling after a proper review based on valid evidence, it said.
The appellate court will now reexamine the case, and it is likely to overturn its guilty verdict because the critical evidence — emails that include 269 twitter accounts, security codes, and parts of the names of those who posted online comments — can no longer be used as evidence.
Under the law, such emails are admissible as evidence only when the person who wrote them appears before the court in person and admits it. The email account holder, an NIS worker surname Kim, said he did not remember writing the emails and related information in his account during court hearings.
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| Former NIS chief Won Sei-hoon |
The top court said the lower court made mistakes about recognizing evidence during an appeal hearing against his conviction for meddling in the 2012 presidential election.
It said the Seoul High Court should review the case, because an email record, which the prosecution presented as critical evidence that led to his conviction, was inadmissible.
The court also rejected Won's request for bail.
In June 2013, Won was indicted for ordering NIS staff to conduct illegal online campaigning in favor of the ruling party ahead of the election. Won headed the NIS from 2009 to 2013.
A district court found him guilty of violating the NIS Law but not the Election Law, sentencing him to a 30-month prison term suspended for four years, alongside a three-year suspension from official duty. It did not recognize the email evidence.
However, the appellate court said Won violated the Election Law as well, sentencing him to three years in prison. He was immediately put behind bars.
The top court said the spy agency staffers' online comments or tweets about political issues on emails, submitted as evidence, cannot be recognized as documents made during his official duty.
"Due to the inadmissibility of evidence, it is impossible to determine whether Won is guilty or not of ordering his subordinates to post online comments," the top court said in its ruling.
"Whether he is guilty of violating NIS Law and Election Law requires further deliberation excluding the email evidence," it added.
"The high court should redefine the NIS' cyber activities without that evidence."
The top court can only deliver a ruling after a proper review based on valid evidence, it said.
The appellate court will now reexamine the case, and it is likely to overturn its guilty verdict because the critical evidence — emails that include 269 twitter accounts, security codes, and parts of the names of those who posted online comments — can no longer be used as evidence.
Under the law, such emails are admissible as evidence only when the person who wrote them appears before the court in person and admits it. The email account holder, an NIS worker surname Kim, said he did not remember writing the emails and related information in his account during court hearings.
