Recent status of the Ilbe judge

(Daegu=Yonhap News) Reporter Kim Sun-hyung = On the 16th, the Daegu District Court's 2nd Criminal Appeals Division (Presiding Judge Lee Sang-gyun) overturned the original verdict and acquitted Mr. Kim (in his 40s), who was indicted on charges of describing the May 18 Democratization Movement as a "riot" (violation of the Special Act on the May 18 Democratization Movement, etc.) in an online community.
The original verdict had sentenced Mr. Kim to a fine of 1 million won.
Mr. Kim was brought to trial on charges of posting a comment on the "Ilgan Best Storage" (Ilbe) website from his residence in Dong-gu, Daegu, on May 19, 2021, stating, "If they pulled out guns, it was a riot; from the military's perspective, suppressing them was correct, and many police officers and soldiers died back then. I really don't understand why this is called a democratization movement and why they become persons of merit," implying that the May 18 Democratization Movement was a riot.
During the trial, the defendant's side argued that "describing the May 18 Democratization Movement as a riot was merely expressing a personal opinion agreeing with Chun Doo-hwan's remarks, and there was no intention to spread false information," claiming that the original verdict contained errors of fact and legal misunderstanding.
The appellate court accepted the defendant's argument.
The court stated, "While there is room for criticism in the defendant's evaluation of the May 18 Democratization Movement as a 'riot' and his expression of opinion that he 'does not understand,' since the 'Special Act on the May 18 Democratization Movement, etc.' limits the scope of punishment to 'acts of spreading false information,' negative evaluations of the May 18 Democratization Movement or differences of opinion regarding its historical significance cannot be considered subject to punishment in themselves."
The court further explained, "The word 'riot' is a polysemous expression that allows for various interpretations regarding its concept and scope of coverage," and "In this post, the implicit and assertive expression 'riot' is understood to have been used by the defendant as a means to emphasize his subjective opinion."
The court added, "Writing 'riot' should be viewed as posting an 'opinion' rather than stating a fact," and "The correction of such expressions should take place through historical reflection and in the arena of public discourse."
Previously, the first instance court ruled, "'Riot' refers to collective acts of violence that disturb social peace and order, and the word itself implies illegality," and "The defendant's description of the May 18 Democratization Movement as a riot constitutes the spreading of false information, and intent for this is also recognized."
sunhyung@yna.co.kr
Like a Daegu fox cub
Or like that uneducated Hee-soo from Masan... . . . .