A netizen who was prosecuted for posting harmful comments against singer and actress IU has received a suspended prison sentence from the appeals court.
According to the legal community, on May 31, the 9-2 Criminal Appellate Division of the Seoul Central District Court, presided over by Judges Hwang Bo Seung-hyuk, Jung Hye-won, and Choi Bo-won, sentenced an individual identified as Mr. A to four months in prison, suspended for one year, on the charge of insulting. The court also ordered probation and 80 hours of community service. As Mr A did not appeal further, the sentence became final.
Previously, Mr. A was fined KRW 3 million in the first trial for posting malicious comments. During the appeal process, another case containing similar defamatory and offensive comments was merged with the existing case, resulting in a heavier sentence. In that separate case, Mr. A had also received a fine of KRW 3 million in the first trial.
The court of appeal found that the defendant had used the expressions in question when referring specifically to the victim and concluded that the remarks constituted insults capable of damaging the victim’s social reputation. The court also found that there was clear intent behind the offensive comments.
The judges also noted that, despite the victim being a public figure, the expressions used by the defendant exceeded the level of criticism or commentary that society would generally consider acceptable.
Explaining the sentence, the court said the defendant continued to deny the allegations throughout the appeal process and showed no signs of remorse. He also highlighted that the defendant had not been forgiven by the victim and had a history of similar offences, indicating a significant risk of reoffending.
However, the Court considered several mitigating factors. Reports indicate that Mr. A suffers from intractable epilepsy, which can make emotional regulation difficult. The court also considered the fact that the defendant had deleted the offending comments when determining the final sentence.
Sources: Nate
