Court overturns jury's ruling
By Nam Hyun-woo
A court found a popular poet guilty of defaming President Park Geun-hye during last year's presidential election, Thursday, ignoring a jury's earlier opinion that he was innocent.
The Jeonju District Court fined Ahn Do-hyeon 1 million won for maligning Park who was then a presidential candidate, which it then suspended.
However, it acquitted him of charges that he spread false rumors due to a lack of evidence.
Ahn had been charged of posting false Twitter messages claiming Park possessed a calligraphy work created by independence fighter Ahn Jung-geun during Japanese colonial rule, which is a missing national treasure.
The court ruling is in contrast to a unanimous non-binding non-guilty verdict by the advisory jury on Oct. 28. Judges then delayed the final verdict on Ahn citing they need more time for deliberation.
According to the court, the jury's opinion affects only the weight of an offense. Korea's jury system, better known here as "Citizens' Participation Trial," offers non-binding opinions at trial.
"We found Ahn not guilty of spreading falsehoods due to a lack of evidence," presiding Judge Eun Taek said in the ruling. "However, his Twitter postings are illegal as the postings are seen as defamation intended to make Park lose the election."
Ahn was co-chairman of the campaign headquarters for opposition candidate Moon Jae-in at the time.
The court said it suspended the fine "in order not to punish Ahn although he was guilty of defaming Park."
In response, Ahn said: "Though all jurors unanimously called for a non-guilty verdict the court found me guilty. It is a very regrettable and unconvincing ruling and I will appeal. It looks like I have become a butterfly trapped in a legal web by the court."
He claimed that the prosecution indicted him as a favor to the current administration and the indictment itself was nonsense. Ahn said "the public will have distrust in the country's justice and law."
Prosecutors sought a 10-million won fine for the poet. The prosecution said it will also appeal the sentence.
During the election the poet wrote: "The treasure was donated to former President Park Chung-hee and his daughter Park now possesses the stolen treasure."
The calligraphy work reads: "A man who is ashamed of his poor clothes and food deserves no fellowship."
By Nam Hyun-woo
 |
| Poet Ahn Do-hyun leaves the Jeonju District Court in Jeonju, North Jeolla Province, Thursday, after the court found him guilty of maligning President Park Geun-hye during the Dec. 19 presidential election. But he was acquitted of spreading false rumors. / Yonhap |
The Jeonju District Court fined Ahn Do-hyeon 1 million won for maligning Park who was then a presidential candidate, which it then suspended.
However, it acquitted him of charges that he spread false rumors due to a lack of evidence.
Ahn had been charged of posting false Twitter messages claiming Park possessed a calligraphy work created by independence fighter Ahn Jung-geun during Japanese colonial rule, which is a missing national treasure.
The court ruling is in contrast to a unanimous non-binding non-guilty verdict by the advisory jury on Oct. 28. Judges then delayed the final verdict on Ahn citing they need more time for deliberation.
According to the court, the jury's opinion affects only the weight of an offense. Korea's jury system, better known here as "Citizens' Participation Trial," offers non-binding opinions at trial.
"We found Ahn not guilty of spreading falsehoods due to a lack of evidence," presiding Judge Eun Taek said in the ruling. "However, his Twitter postings are illegal as the postings are seen as defamation intended to make Park lose the election."
Ahn was co-chairman of the campaign headquarters for opposition candidate Moon Jae-in at the time.
The court said it suspended the fine "in order not to punish Ahn although he was guilty of defaming Park."
In response, Ahn said: "Though all jurors unanimously called for a non-guilty verdict the court found me guilty. It is a very regrettable and unconvincing ruling and I will appeal. It looks like I have become a butterfly trapped in a legal web by the court."
He claimed that the prosecution indicted him as a favor to the current administration and the indictment itself was nonsense. Ahn said "the public will have distrust in the country's justice and law."
Prosecutors sought a 10-million won fine for the poet. The prosecution said it will also appeal the sentence.
During the election the poet wrote: "The treasure was donated to former President Park Chung-hee and his daughter Park now possesses the stolen treasure."
The calligraphy work reads: "A man who is ashamed of his poor clothes and food deserves no fellowship."
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