「KARA」ク・ハラさんの元カレへの誹謗コメント…憲法裁「侮辱罪ではない」01
KARA member Goo Hara's defamatory comments against her former boyfriend... Constitutional Court rules ”not an insult”
A man named Jung who made defamatory comments about the girlfriend of the late KARA member Goo Hara, who was sentenced to prison for assaulting her and threatening to distribute a sex video of her, has been found guilty of defamation.
According to legal circles on the 19th, the Constitutional Court ruled that the indictment would not be suspended.
The judges unanimously approved the claim at the trial. Jung was sued by Choi in July 2021 after writing defamatory comments in an article about Goo Hara's former boyfriend, Choi.
In December of the same year, the Incheon District Prosecutors' Office suspended prosecution of Chung, believing that her defamation charges would be upheld, and Chung filed a petition with the Constitutional Court in May 2022 to have the suspension revoked.
They argued that the prosecution did not thoroughly investigate the facts, did not conduct a rigorous legal review, and violated the constitutional right to equality and the right to pursue happiness.
The Constitutional Court found that Chung's comments did not meet the elements of an insult under the Criminal Code.
While the Constitutional Court acknowledged that the expressions were rude, it ruled that for such reasons it would be difficult to categorically declare them to be criminal insults.
This is interpreted as taking into consideration the critical public opinion against Choi at the time.
In 2018, Choi lost his arms and legs during a dispute with his former girlfriend Goo Hara.
He was handed over to trial on charges of inflicting injury on another and threatening to "spread a sexual video of her," and was sentenced to one year in prison before being released in 2022.
During the trial, she resumed her social media activities and opened a beauty salon, which drew public criticism.
2024/09/19 15:30 KST
Copyrights(C) Herald wowkorea.jp 110