Man Who Disclosed Identities in Miryang Middle School Gang Rape Case Appeals Eight-Month Sentence

[The Financial News] A man in his 50s who was sentenced to eight months in prison in the first trial for disclosing the identities of perpetrators in the Miryang Middle School Gang Rape Case on social networking services (SNS) has appealed the verdict.
According to the legal community on the 22nd, Mr. Choi (56), who was tried on charges including violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection (ICNA), submitted an appeal to the Seoul Southern District Court on the 20th. Mr. Choi's legal team has maintained that the disclosure of the perpetrators' identities served the public interest, and is expected to argue misinterpretation of facts and legal principles in the appellate court.
Mr. Choi was indicted for capturing and editing videos from the YouTube channel 'Narak Bogwanso,' which contained the names, photos, addresses, and workplaces of the perpetrators in the Miryang Middle School Gang Rape Case, and posting them on SNS.
During the trial, Mr. Choi's defense argued that his actions were in the public interest and that he had no intent to defame those involved. In a previous hearing, his attorney stated, "All facts are acknowledged, but the victims are presumed to be perpetrators of the 2004 incident, and the video was posted for the public good," adding, "There was no intent to slander, so the crime does not constitute defamation."
Mr. Choi himself also stated, "I believed those individuals (the perpetrators of the Miryang rape case) were harmful to the public."
However, the first-instance court rejected these claims, noting that Mr. Choi had testified to investigators that he posted the videos with the intention of punishing the perpetrators. As a result, he was sentenced to eight months in prison and fined 3 million won.
The court stated, "It is reasonable to conclude that the defendant posted the videos to impose private sanctions, preventing those involved from participating in society," and added, "Such actions are not permitted under current law and cannot be considered in the public interest."
The court further pointed out, "If private sanctions become widespread, they could undermine the judicial system, and the defendant's culpability is not light." It also noted, "Some of the individuals whose information was disclosed had not been confirmed as participants in the incident."
welcome@fnnews.com Yuha Jang Reporter